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.
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.
A foreign court of competent jurisdiction can issue a decree in India, just as any other Indian Court decree.
Yes. Yes. Indian courts and authorities have recognized the validity of a divorce by mutual consent between married couples in India. A divorce decree can be used to allow a spouse to remarry and register their marriage in India.
It is rare that Registrars can object to divorce decrees issued by foreign courts because they lack legal knowledge and information. However, it is possible to get help from knowledgeable Advocates to deal with such unfamiliar officials.
If the marriage is legally sealed under the 1954 Special Marriage Act, divorce proceedings can be filed under that law.
In the case of illegal or unrecorded marriages, however, there is no easy way to fix it.
Social changes are necessary to avoid falling into the trap of marrying someone from another country, either for their greed or to be a status symbol. Before accepting any marriage proposal, it is important to do your research.
It is the same procedure as for all Indian residents. You can file for divorce under section 13 HINDU-MARRIAGE ACT. If you are unable to appear before the court on all dates, you can grant power to your relative or advocate to appear on your behalf.