DIVORCE IN INDIA: A STEP-BY-STEP GUIDE

In many parts of the world, divorce is no longer stigmatised. This is also true for Indian couples, including non-resident Indians. The de-stigmatization of divorce has resulted in a more lenient approach for couples who seek to leave their partnership amicably. The concept of 'mutual divorce' helps with this.

If an NRI who is married in India wishes to divorce by mutual consent, he can file a divorce petition in India or in the nation where both partners reside. The filing of a divorce in a foreign nation is permissible under Indian law. It accepts the case that was filed in the court of the couple's previous residence.

In India, matrimony issues are varied, and they are based on religious affiliations. As a result, the term "mutual divorce" becomes a little more complicated, as it is determined by the legislation in effect at the time the marriage was solemnised.

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The Applicability Of Matrimonial Laws:

1- The Hindu Marriage Act of 1955 is the first of its kind in the United States (Hindus, Jains, Sikhs, and Buddhist).

2- The Indian Christian Marriage Act of 1872 and the Indian Divorce Act of 1869 (people professing Christianity).

3- The Muslim Women (Protection of Rights on Marriage) Act, 2019 and the Dissolution of Marriage Act, 1939 (for Muslims).

4- The 1936 Parsi Marriage and Divorce Act.

5- The 1954 Special Marriage Act.

In India, the Marriage Laws (Amendment) Act of 1976 made it legal for couples to divorce by mutual consent. It revised the Hindu Marriage Act of 1955, making mutual consent divorce a valid reason for divorce.

Procedure for NRIs:

1- In India, NRI couples can seek for divorce in a district or family court. The grounds for the divorce must be stated in the petition, as well as why the parties believe divorce is the only option available. The first motion petition for mutual consent divorce is the name of the petition.

2- After reviewing the petition, the court will offer the spouses a period of time to reconsider their decision, known as the "cooling-off period." It might last anywhere from 6 to 18 months. If the court believes that giving a couple more time will be pointless and that their marriage is irreparable, this time period can be waived.

3- After this time period has passed, the court will decide whether the parties have been able to reconcile their disputes. The second motion petition for mutual consent divorce is what it's called. During this time, the court will decide whether or not the couple can reunite. If not, a divorce is granted after examination of problems such as maintenance and alimony.

Points to Think About:

1- When it comes to divorce, all parties should be on the same page. If one side refuses to consent to the divorce, a completely different method is required.

2- Spouses must negotiate topics such as alimony, maintenance, and child custody. Although the court makes the final judgement, it makes the divorce process easier and less painful.

3- Before filing for divorce, spouses must demonstrate to the court that they are unable to live together; the minimum duration may vary depending on the marriage legislation, but one year is a normal practise.

4- Before going to court, couples must be satisfied that their marriage has completely failed and that divorce is their only option.

5- NRIs can seek for divorce in their home country as long as the matrimonial laws (under which the marriage was solemnised) are adhered to.

6- However, there is an exception to these restrictions if one of the spouses is a naturalised citizen of another country or if both parties agree to follow the court's proceedings.

7- NRI couples can seek for divorce in India by giving their lawyers power of attorney.

NRIs can seek legal advice for a variety of divorce procedures, including:

1- Legal separation of the parties

2- Alimony to the spouse in the form of monthly maintenance

3- Property and asset division and transfer

4- Children's custody

5- Mediation for cost-effective discussions and settlements