Foreign divorce in India is considered a tricky business because many people are unaware of the steps involved, hence a huge uncertainty about the outcome looms.
NRIs will need to get their divorce decree enforced in an Indian court within the given timeframe. Failing to do so could nullify the foreign divorce decree, and they might have to apply for the same again in an Indian Court. Our divorce lawyers in Delhi can help you wade through the complexities involved in these international matters, without having to travel back and forth too many times.
What is foreign divorce?
A divorce becomes a foreign divorce when a marriage is sanctified in India and the couple takes to a foreign court for dissolution. This triggers uncertain questions which ought to be comprehended from the legal and technical perspectives.
Foreign Divorce Through The Legal Lens
There are two scenarios in a foreign divorce.
- If your divorce settles through mutual consent between Non Resident Indians and a foreign court grants it, it is binding and valid. Indian courts accept the validation.
- The second scenario is that there is no mutual consent in the divorce, and a foreign court decides the case.
If both parties enter a dispute and the case goes for a trial and a foreign court ultimately decides it, the decision is valid as well as legally binding in India provided that it is based on the grounds which are acceptable in Indian law.
What If A Spouse Is In India While The Other Files A Divorce In A Foreign Court?
If the divorce is not disputed in a foreign court and one party gets back to India, the decision by the foreign court stands invalid. The spouse who landed in India has an open option to prevent his or her spouse from initiating any proceedings in the foreign court by filing a case in an Indian court. Even if the foreign court issues an ex-parte verdict, the Indian courts will not accept it.
As a parent you should be concerned about the deviations, child custody, distribution of assets and annulment in a foreign divorce. Thankfully, they follow the same legal steps a normal divorce takes such as the welfare of the child which rests at the top priority whether you are filing a case in an Indian court of a foreign court.
Contact Divorce Lawyer Delhi
Divorce brings stress, emotional deterioration and financial issues for both parents. Your business or work schedule get disturbed once you get caught in a web of legal forms and paperwork. Lawyers at Divorce Lawyer Delhi have experience in foreign or NRI divorce. We can help you get through the complications and legal formalities. We make sure that the case proceedings don’t affect your personal life and work routine. While we manage all the paper work and other administrative responsibilities, we make sure that your life goes on smoothly.
FAQs
| Yes, a foreign divorce decree can be valid in India if it meets certain conditions, such as being granted by a court of competent jurisdiction, in accordance with the laws of the country where the divorce was granted, and being recognized as valid under Indian law. |
| If you are an Indian citizen or resident, you may need to register your foreign divorce in India to have it recognized under Indian law. The registration process involves submitting the foreign divorce decree to the Indian embassy or consulate in the country where the divorce was granted, along with other documents and fees. |
Yes, a foreign divorce decree can be challenged in India if it does not meet the requirements for validity under Indian law, or if there is evidence of fraud or coercion involved in obtaining the divorce.
Yes, you can get remarried in India after a foreign divorce, as long as the divorce is recognized as valid under Indian law and you have met the other legal requirements for marriage in India.
