NRI Filing the Mutual Consent Divorce

NRI Filing the Mutual Consent Divorce

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NRI Filing the Mutual Consent Divorce
NRI Filing the Mutual Consent Divorce

Meaning of Mutual consent divorce

The parties who want to divorce by mutual consent, they can do so under Hindu Marriage Act, 1955. Mutual consent divorce means when both the parties agree to the complete breakdown of their institution of marriage.

Nri Filing The Mutual Consent Divorce

Mutual Divorce is an easy way of terminating a marriage and dissolving it legally. An essential requirement is the general consent of the husband & wife. Therefore, any married couple looking to file a divorce petition must adhere to the jurisdiction of the Court.

If a Non-Resident Indian (NRI) wants to get a Mutual Consent Divorce, then they can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country. It says that the petition can be filed within the jurisdiction of the courts of the parties to the marriage last resided.

Filing for Divorce in India

It is much safe and smoother route to file a divorce petition in India. The courts will receive a petition from an NRI for mutual consent divorce and the statements of both individuals will be recorded.


Nri Filing The Mutual Consent Divorce
  1. Appearance in the Court Proceedings– If one party is unable to come; a power of attorney can be accorded to any person. This person should preferably be a family member. Once the statements of the individuals filing for divorce are recorded, the first motion is granted.
  2. First motion granted– A period of 6 months is allotted as an interim period for the individuals to rethink their consent for the divorce. In this intervening time, either party can withdraw their consent. If neither party withdraws consent, then the second motion stage comes, where the individuals have to be present to confirm their consent. The divorce is granted after this.
  3. Second motion– Both parties have to be present to confirm their consent by recording their statements in the court. The physical presence of the parties is compulsory unlike in the first motion stage where a power of attorney could be granted.

The period of 6 months can be extended to 18 months from the date of first motion being granted. Thus, an NRI can assign his consent and his presence between 6 months to 18 months to acquire the final decree for mutual consent divorce by the courts.

Will Indian decrees be recognized in Foreign Countries?

It is important to keep in mind that divorce decrees passed by Indian courts are valid in other countries just like marriages that are registered in India are valid in foreign countries. Basically, no foreign court is going to question if the decree passed by an Indian court on a matter of divorce of a couple married in India is invalid.

The divorce decree needs to be recognized in the foreign country if the couple jointly owns property in that country. Such recognition is gained by filing a petition for recognition in such country in accordance with their laws. This is the last legal requirement for finalizing a divorce in case the divorcing individuals are non-resident Indians.

Therefore, before filing the petition of Mutual Consent divorce, it is important to mutually ensure that the process is completed correctly and quickly.

For filing Divorce Application with Mutual Consent kindly click here

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