There is a growing trend among Indian men and women to get married to NRIs. The desire to settle in a foreign country for better quality of life inspires Indians to tie knots with NRI brides and grooms. The statistics show that 225 women from metros get married to NRIs every year, and out of this almost 25 are either deserted by husbands or want to end their marriage due to reasons of deception or hiding facts. In light of this it is very important for Indians who get married to NRIs to be aware of laws related to NRI divorce.
Most of the Indian females are crazy about getting married to NRIs. Their parents also want to marry off their daughters to foreign based Indians who can provide a better quality of life and home. The parents are ready to churn out any amount of cash for foreign based grooms. They spend huge money in wedding as well as giving dowry to the boy’s family.
The concern arises when a marriage, with an Indian sanction, is in front of the foreign court for termination. Such an event develops uncertain questions, which need to be looked at both technically and fundamentally. Let’s first list the legal grounds which are considered valid for Divorce in India for NRIs.
⦁ The parties must not provide any grounds of divorce if divorce is by mutual consent
⦁ The husband and wife should be residing separately for the preceding one year before giving a joint application
⦁ Both are in agreement that they cannot stay with each other
⦁ The judge will issue a notice after six months of prime period
⦁ If the couple still seek divorce even after the six month period then the court shall grant them same.
⦁ Enters into sexual relationship/adultery with another individual
⦁ Has leprosy which cannot be cured
⦁ Converts to a different religion
⦁ Has become mentally unsound such that no treatment can assist him
⦁ Repudiation of child matrimony
⦁ Has venereal illness
⦁ Leaves for more than two years
⦁ Has departed for more than seven years
⦁ Inflicts physical or mental brutality on the wife
⦁ Has renounced the world and converted into a saint
With the recent ruling of Supreme Court of India, there is no need for a compulsory period of waiting for six months, the procedure has been made less time-consuming.
⦁ 1) The NRI divorce plea in the form of an affidavit that the parties should submit to the family court.
⦁ 2) The two most critical elements of a NRI mutual divorce petition is maintenance and child custody. There is no explicit law in India that prescribes the calculation of maintenance. Hence, the parties are to make a decision. Though, if parties fail to reach harmony, it is the court that makes a decision after analyzing the obligations and finances of each party.
⦁ 3) After the filing of the petition and documentation of the statement of both the parties, the court typically adjourns the matter of Divorce in India for NRI for a period of 6 months.
⦁ 4) After 6 months the parties have to present themselves over in the court for making a second motion verifying the mutual consent filed earlier.
⦁ 5) It is only after this second motion that the court grants a verdict of the Divorce in India for NRI.
⦁ 6) Throughout this period of six months, either party may remove the petition from the court, in which case no divorce will be granted.