How Can A NRI Couple Get Mutual Divorce Who Had Been Married In India?

NRI who were married in India and want divorce by mutual consent then he/she can file a petition for same in India or in country where both are residing. Indian Law says that a petition can be filed within the jurisdiction of court where the parties to marriage last resided. In case of NRI it can be a foreign country. Thus, the spouses can file for divorce either in India or in such foreign country. The petition can be filed where the marriage had been solemnized or where the spouses last resided or where other party is residing at time of filing of petition. Where the parties decide to file the petition in a foreign land then the petition for mutual consent divorce should be in accordance with laws of the country. And then the court will pass a decree of divorce in accordance with their procedure. This decree will be recognized in India only when decree passed by the foreign court is conclusive under section 13 of Civil Procedure Code, 1908. If the Indian Law does not provide for such foreign court to have jurisdiction, then Indian courts can refuse to validate the decree given by the foreign courts. After the decree has been obtained the spouses need to submit a notice along with the divorce certificate to the Marriage Officer in India compulsorily to make the decree as a valid one. After this then can part their ways and can remarry. Where the parties decide to file the petition in India then the petition for mutual consent is received by the court from an NRI and statements of both the parties will be recorded. Power of attorney can be accorded to any person for purpose of appearance and this attorney should be a family member. First motion is granted once the statements have been recorded. After this a period of 6 months to 18 months is given as interim period to rethink their consent given for divorce. Either of the party can withdraw their consent in this intervening time. If consent is not withdrawn, then comes the second motion stage where both the parties should be present to confirm their consent for recording of their statements in the court. It is compulsory for the parties to be present at time of second motion. The divorce can then be granted. This divorce decree needs to be recognized in foreign country in case the parties jointly own any property in that country. This recognition can be gained by filing petition for recognition in that country in accordance to the law.