NRI Mutual Divorce
Find all the essential information on NRI mutual divorce, including procedures, eligibility, fees, and legal guidance.
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NRI Mutual Divorce
An NRI (Non-Resident Indian) Mutual Divorce is a legal procedure utilized by Indian citizens residing abroad to terminate their marriage through mutual consent from Indian Family Courts. This process applies when one or both spouses are living outside of India as non-residents. Despite the geographical separation, the foundation of this divorce remains akin to a standard mutual divorce – where both partners agree to dissolve their marital ties on friendly terms.
However, an NRI mutual divorce entails unique complexities due to the international nature of the situation. One significant aspect is that NRI couples often do not travel to India for the mutual divorce proceedings within Indian Courts. This factor necessitates an understanding of how the divorce process operates across international borders, varying legal jurisdictions, and potential complications related to cross-border communication and documentation.
Navigating an NRI mutual divorce requires careful consideration of the legal requirements of both the country of residence and India. Communication and coordination play pivotal roles, given that the spouses might not be present in the same location during the process. Additionally, addressing the implications of different legal systems and cultural contexts adds a layer of intricacy that demands specialized legal expertise.
Process of NRI Mutual Divorce without Travelling to India
An NRI can complete the mutual divorce proceedings in the Indian Family Courts without travelling to India either by appointing a Special Power of Attorney (SPoA) or by availing online hearings.
Appoint SPoA
An NRI can appoint any family member to appear in the court on his/her behalf.
OR
Online Hearing
An NRI can file an application before the Family Court to request for online hearing
What is Special Power of Attorney(SPoA)?
A Special Power of Attorney (SPoA) is a legal document that grants a specific individual or entity the authority to act on behalf of another person, known as the principal, in specific and limited matters or transactions. Unlike a general power of attorney, which grants broad authority, a Special Power of Attorney is narrow in scope and typically specifies particular actions, decisions, or responsibilities that the appointed person or entity can undertake on behalf of the principal.
SPoAs are often used in situations where the principal cannot personally handle certain matters due to physical absence, illness, or other reasons. Common uses of SPoAs include managing financial affairs, conducting real estate transactions, signing legal documents, or making medical decisions on behalf of the principal.
It’s important to note that the powers granted under an SPoA are limited to the specific tasks or decisions outlined in the document and do not grant broader authority over the principal’s affairs. SPoAs must be carefully drafted to ensure they accurately reflect the principal’s intentions and the scope of authority granted to the appointed agent or attorney-in-fact. Additionally, SPoAs are revocable, meaning the principal can revoke or cancel the authority granted at any time, as long as they are of sound mind and capable of making such decisions.
How to apply for Online Hearings in Indian Courts?
To participate in online hearings, you need to apply to the appropriate court. The court reviews your application and decides if you can have an online hearing. This way, you can attend your case proceedings virtually without visiting the court in person.
We Work In
We work in the following Family Courts of India:
- Delhi
- Noida
- Mumbai
- Gurugram
- Bengaluru
NRI Mutual Divorce FAQ
For an Online Mutual Divorce, an NRI needs to have their Mutual Divorce Petition attested by the Indian High Commission. This petition should include an application requesting an online hearing with the Judge. Below is our step-by-step process for completing NRI documentation for Online Mutual Divorce, should you choose to engage our services:
Step 1: Fill out Mutual Divorce Application Form.
Step 2: Provide the required documents.
Step 3: Make the first payment.
Step 4: Receive the Mutual Divorce Petition via email, along with comprehensive instructions on how to sign the Petition and obtain attestation from the Indian High Commission.
A Special Power of Attorney (SPoA) for NRI Mutual Divorce is a legal document that authorizes a family member (parents or siblings) to act on behalf of the NRI spouse during the mutual divorce process. It is crucial to emphasize here that, in accordance with the Hon’ble Supreme Court of India in Civil Appeal No. 11158 of 2017, genuine representation of the parties is permissible only by close relationship members.
Mutual Divorce Lawyer follows followings steps to appoint Special Power of Attorney (SPoA) for NRI Mutual Divorce:
- Choose the Agent: Select any adult family member to act as the agent (attorney-in-fact) on the NRI spouse’s behalf. It is crucial to appoint someone who understands the responsibilities involved.
- Provide Documents: Share the ID/address proof document for yourself and the agent.
- Finalize the SPoA Draft: Once we get the required information and documents from you, we prepare the SPoA document that clearly defines the powers granted to the appointed agent for handling the NRI Mutual Divorce proceedings. We share the draft with you so that you check and finalize it.
- Execute the SPoA: We email you the clear instructions on how to sign and execute the SPoA before the Indian High Commission.
Yes, an NRI can file for mutual divorce in the country where they are currently residing. The ability to do so depends on the laws and regulations of the country in which the NRI is living. Different countries have varying residency requirements for filing for divorce. Some may require a specific period of residency before allowing a divorce to be filed. NRIs must be aware of and meet these requirements.
NRIs seeking mutual divorce can consult with legal professionals of the country in which they are living. These experts can provide guidance on the specific procedures and requirements relevant to the jurisdiction in which the divorce is being pursued.
Yes, a foreign mutual divorce decree is considered valid in India. India acknowledges foreign mutual divorce decrees that have been legally obtained and comply with the laws of the respective country. The decree must be both final and conclusive in the foreign jurisdiction.
It’s important to understand that a mutual divorce decree is distinct from a contested divorce decree. In mutual divorce, both the husband and wife agree to the divorce and submit to the jurisdiction of a foreign court. This is why such decrees are accepted as valid.
Conversely, if a divorce is contested, it may be challenged and deemed invalid by Indian courts if they find it appropriate to do so.
- The total fees for an NRI mutual divorce case is ₹50,000.
- This fee covers both parties (husband and wife) in court and is divided into three installments:
- ₹10,000 for NRI Mutual Divorce Petition,
- ₹20,000 for NRI First Motion, and
- ₹20,000 for NRI Second Motion.