How NRI can look after a Mutual Uncontested Divorce in India?

Non-Resident Indians (NRIs) looking to pursue a mutual uncontested divorce in India have to go through certain procedures. Legal help for NRIs, especially from a skilled NRI divorce lawyer, can prove to be invaluable in understanding and navigating through these legal intricacies.

Jurisdiction: Firstly, it’s important to understand where the divorce petition can be filed. This can be in a court in the place where the marriage was solemnized, where the couple last resided together, or in some cases, where the wife currently resides. Here, an NRI lawyer with expertise in divorce cases can guide you on the right jurisdiction.

Filing a Petition: When mutual consent has been obtained from both parties, an NRI couple can proceed with filing for a divorce under Section 13B of the Hindu Marriage Act, 1955. An NRI Divorce Lawyer can help in the correct preparation and filing of this petition in the appropriate court.

Physical Presence: Both spouses are generally required to be physically present at the time of filing the petition and also at the time of the second motion, which usually takes place six months after the filing. However, given the travel implications, courts may provide some leniency in certain cases for NRIs. It is advisable to have an NRI lawyer or an NRI Divorce Lawyer in India/Mumbai who can advocate for such leniencies or represent the client under a duly signed power of attorney.

Cooling-Off Period: There’s a mandatory cooling-off period of six months between the first and the second motion. However, this can be waived off in certain cases. Legal help for NRIs from an experienced NRI Divorce Lawyer can be crucial in seeking such exceptions.

Granting of Divorce: If all conditions are met and the court is satisfied after hearing both parties, a decree of divorce is granted, effectively dissolving the marriage.

Navigating through these steps can be a daunting task, and that’s where an NRI Divorce Lawyer in India/Mumbai can provide immense help. They can provide the right legal help for NRIs, guiding them through the process and ensuring they understand their rights and implications of the divorce.

Remember, each case is unique and the information provided here is a general guide. It’s always advisable to seek advice from a professional NRI lawyer for a comprehensive understanding of your situation.

Leave a Comment

Your email address will not be published.