NRI Divorce: Comprehensive Guide to Divorce for Non-Resident Indians
The least complicated way for a couple to divorce is through mutual consent. Both parties agree to part ways, without any disputes, and the divorce is finalized. As per the latest ruling, the mandatory 6-month waiting period for couples seeking divorce no longer applies, making the process quicker and easier.
For Non-Resident Indian (NRI) couples, they have the option to file a divorce petition either in India or in the country where they currently reside. However, this option is available only if the divorce is through mutual consent. To ensure a smooth process, it’s important to consult with the best NRI divorce lawyer in India, as they specialize in handling NRI divorce cases.
If the divorce is not by mutual consent, the petition must be filed in India, where the marriage took place. If an NRI couple files for divorce in a foreign country, where the divorce is contested, the divorce will be recognized only in that foreign country, but legally, the couple will still be married in India.
Grounds for NRI Divorce Through Mutual Consent:
- The husband and wife must be living separately. Even if they are under the same roof, they must not live as husband and wife. In mutual consent divorce, the couple does not need to provide any specific grounds for divorce as both parties have mutually agreed to part ways.
Grounds for NRI Divorce When Contested (Not Through Mutual Consent):
- Physical and mental cruelty inflicted by one partner on the other.
- Domestic violence.
- The spouse has left and not returned for seven years.
- Venereal illness.
- Adultery or infidelity.
- Incurable leprosy.
- Incurable mental illness.
- Conversion to another religion.
- Renunciation of all family responsibilities and becoming a saint.
- In case of child marriage.
Documents Required for NRI Divorce in India:
- Marriage certificate.
- Proof of identity (Aadhar Card, passport, PAN card, driver’s license, etc.).
- Proof of residence (Aadhar Card, utility bills, etc.).
- A narrative detailing the grounds for divorce or confirming whether it is mutual.