Can You Get A Divorce In India If Married Abroad?

Can You Get A Divorce In India If Married Abroad

In some cases, it happens that even after all attempts, the marriage doesn’t work out and the couple needs to make the extreme yet smart decision of getting divorced. This sort of circumstance can happen to any wedded couple, regardless of whether they are in India or overseas. So also, NRIs living overseas may likewise need to get divorced in India. In such a case, it is ideal to go for a divorce by Mutual Consent according to the Indian Law.

NRI Divorce Laws in India

An increasing tendency among Indians can be seen to get hitched to NRIs. As indicated by the latest statistical data, 230 ladies from metro urban cities get hitched to NRIs consistently and out of these, around 30 need to end their marriage because of dishonesty or hiding truth. This is the reason why it is significant for Indians that get married NRIs to know about laws related to NRI divorce.

A Large Number Of NRI Marriage End in Divorce Because Of The Following Reasons :

  • The NRI spouse blows up their assets like home, a job that’s high paying or vehicle abroad yet really probably won’t be in a situation to sustain a family post marriage.
  • The NRI spouse has another partner, settled with him abroad.
  • The NRI spouse thinks that his/her Indian life partner is not right for him and is not able to adapt to his advanced way of life and thus, wants divorce due to incompatibility.

However, One Needs To Provide The Following Information For The Divorce Process To Complete:

  • Do they have kids?
  • What is their religion?
  • Will both the partners be able to get to a financial settlement of their assets?
  • What is their nationality?
  • Which country are they settled in?

Despite the fact that there are very few laws to ensure the interest of Indians who wed NRIs however because of increase in the number of problematic relationships of NRIs with Indians, the legislature is presenting NGOs in the both India as well as overseas and these will control Indian people who are hitched to NRIs and settled in a foreign country. They give counseling, emotional support, and legal guidance during the course of a divorce. Something else to be remembered is that regardless of whether the divorce is occurring abroad, it is great to designate a lawyer who is capable of NRI divorce laws in India.

The Fundamental Laws Related To Nri Divorce, That One Should Be Aware Of Are:

  • In the event that both the life partners are Indians and were hitched under the Hindu Marriage Act (1955), then they can apply for a mutual consent divorce under the law section 13-B.
  • If both the partners are settled in a foreign nation, in that case, they can apply for a divorce by mutual consent under the foreign marriages divorce laws of that particular country they are living in currently.