What is the process of getting divorce for NRIs. My wife and I are both in the US (on H1B/H4) and living separately. She plans to settle in US while I don't. We both consent to end this relation without any obligation from each other.
1) Will a divorce granted by a US court be acceptable in India?
2) If not then what is the process to get a mutually agreed divorce?
3) Can a legal agreement between us stating something like that we both intend to live separately without any obligation/responsibility of any kind towards each other, be acceptable for getting a quick divorce in India?
2007-07-07 03:57:40 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The usual practice is that you should get divorce under the provisions of the Act under which you got married, in your case it must be the Hindu Marriage Act, 1955 where section 13-B provides for divorce by mutual consent, if you happen to be Hindu by religion & married under according to Hindu form of marriage. In case you are unable to obtain divorce under these provisions as both of you are residing in USA the both of you can proceed to get divorce under the common law in USA applicable to the foreign marriages where if you both agree to get such decree of divorce then such decree will be valid in India as per section 13 of the Civil Procedure Code of India & based on the Principle laid down by the Supreme Court of India in such cases. Mind you in such cases as I pointed out there should be a mutual agreement to obtain decree of divorce granted to both under the common law not unilateral decision or exparte decree (obtained by fraud) of divorce on anyone’s favor otherwise the decree of divorce will not be valid in India.
2007-07-07 15:27:35 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
You have failed to mention whether both of you are Indian citizens, and have been married in accordance with Indian laws. If you are married under Hindu Marriage Act, then a mutual consent divorce petition will need to be filed in the court having jurisdiction over your matter, and this will depend on your last place of stay together, or place of marriage, or permanent place of residence of either spouse. Such a case can be filed if both the spo[ses have been living separately from ech other at least for one year, and all attempts at reconciling have been in vain. Under the circumstances, I do not see how a U.S.court can acquire jurisdiction in your case, if you are both Indian citizens, and grant you both a divorce decree. You may seek further guidance from Indian Consulate of your area.
2007-07-09 00:19:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Best way is to file your case in India. Get it attested and to get a legal separation in US for the Visa and Residency issues. If she is going to be living with someone else in the US, she needs a clearance from your end.
2007-07-08 01:42:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
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RE :Divorce procedure for NRI?
What is the process of getting divorce for NRIs. My wife and I are both in the US (on H1B/H4) and living separately. She plans to settle in US while I don't. We both consent to end this relation without any obligation from each other.
1) Will a divorce granted by a US court be acceptable in India?
2) If not then what is the process to get a mutually agreed divorce?
3) Can a legal agreement between us stating something like that we both intend to live separately without any obligation/responsibility of any kind towards each other, be acceptable for getting a quick divorce in India?
Follow 4 answers
2017-04-09 01:06:47 · answer #4 · answered by Gardie 6 · 0⤊ 0⤋
Its best you get advice like this directly from an attorney. Most offer free initial consultations. You can find a good divorce lawyer in Riverside at the link below. I also put a few links for California Lawyers, Legal Advice, and Legal Articles.
http://www.riverside-san-bernardino-attorneys-lawyers-dui-directory.us/riverside-san-bernardino-family-law.htm
http://www.riverside-san-bernardino-attorneys-lawyers-dui-directory.us/riverside-san-bernardino-legal-services.htm
http://www.sandiegolawyerforyou.com/
http://www.california-attorneys-lawyers-dui-legal-advice-directory.us/california-divorce-family-lawyers -attorneys.htm
http://www.california-attorneys-lawyers-dui-legal-advice-directory.us/
http://www.legal-advice-library.info/resources_CA.htm
http://www.legal-advice-library.info/
http://www.legal-advice-library.info/articles.htm
http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info/san-diego-california-lawyer-legal.htm
http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info/
2007-07-10 12:01:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i don't know...
sorry
2007-07-07 04:24:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋