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ravikant   02 May 2017

Nri divorce usa

 

Hi,
I am married as per Indian rituals (Hindu Act) and registered in India. Presently, i am residing in USA, and planning to file a divorce under mutual consent. I am not yet decided to file it in USA or India. As i was reading through the articles online, it is written that even though we get divorced here in states it is valid not in India.  We have to file the divorce in India once again??
Also from previous articles, if i plan to file a divorce in India under mutual consent, it is said it will take around 6-8 months for the divorce to be granted. But these 6-8 months i have to stay back in India for court proceedings??
The reason i am asking for staying in India will affect job and survival, which i don't want to loose. Is there any other option. Kindly suggest.

Thank You
RKMV



Learning

 6 Replies

Mukesh sharma (job )     03 May 2017

Hello Ravikant you r right you have to file your divorce case in india coz your marriage was held in india and registered with Hindu law in india so you could not file your case in USA 

but you  could not stay till time your case was goingon you give power of attorny to your lawyer or any of your family member who will stay in india and he will take care your case in india and you will not required to stay till your case was running 

or you hire lawyer he will take care of your case and update you time to time 

 

 

nri_male (S/W Engineer)     03 May 2017

If both parties are willing to apply for mutual divorce and are currently residing in the USA, you can apply for divorce in US. In USA the family law is governed by state laws, so please check the requirements for your state. Mutual divorce in USA is valid in India, so seperate divorce is not required. If one party does not agree to divorce, then the US divorce can be challenged in India, but I assume that is not the case with you. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 May 2017

A couple that has filed for divorce by mutual consent need not be present in court during proceedings.  the Bombay high court held that such proceedings could take place through a webcam/video conferencing etc.

whatnot   03 May 2017

If both parties stayed together in abroad and have no maritial stay in India during course of marriage, then rule of the law of last residency will apply .

It is better to separate and obtain divorce decree abroad as it is less of headache and law is impartial to gender (to ceraine extent). Be careful about alimony and maintainance as well.

 

Once decree is obtained, you may continue to live as a divorcee.. But refrain from having another marriage in India, either civil or court.

 

After divorce, If wife pursues her objection in Indian court, figh the case based on merit.

Better be safe than sorry. Get divorce abroad if all other mediation is failed.

 

Vinay   03 May 2017

my dear friend you need not be afraid of Indian divorce laws as the mutual consent divorce is small process which requires two fix dates before the family court. There are two motions in mutual divorce,first motion takes place immediately after application for mutual divorce is filed and second motion is fixed according to the convenience of the parties but not before 6 months from the first motion.You need to appear only twice before The Honorable Court. Before filing an application for mutual divorce you need proper counselling through lawyer who files your application. He may require a day or two to prepare your application and affidavit . When you add up all your days in preparing mutual divorce application and in getting a decree only 5 days would be required and not not much. In case of any assistance call me at 9873751988.

A walk alone (-)     03 May 2017

If both parties stayed together in abroad and have no maritial stay in India during course of marriage, then rule of the law of last residency will apply . It is better to obtain divorce decree in abroad . In comparison to India it will take less time to get divorce decree in abroad

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