Can NRIs File Divorce Case Abroad?
Yes, if a Non-Resident Indian (NRI) married in India wants a divorce, then he/she can do so by filing a petition in India or within 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 a petition are often filed within the jurisdiction of the courts of which the parties to the wedding last resided.
Will This Foreign Decree Be Recognized By The Indian Courts?
The Indian courts don’t recognize the decree gone by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.
This means that the decree:
Is not pronounced by a Court of competent jurisdiction.
Has not been given on the merits of the case.
Appears on the face of the proceedings to be founded on an incorrect view of law of nations or a refusal to acknowledge the law of India in cases during which such law is applicable.
Was obtained against the principles of natural justice.
Has been obtained by fraud.
Sustains a claim founded on a breach of any law effective in India.
A decree gone by a far off court could also be challenged and declared null and void in an Indian court on the idea of the above conditions.
Can NRIs File Divorce Case In India?
Yes, NRIs can file Divorce cases in India and filing a divorce petition in India is a much smoother and safer route as marriage took place in India.
For purposes of appearance in court proceedings, if one party is unable to come to India, then there are two options which could be granted by Court:
- A power of attorney can be accorded to any person. This person should preferably be a family member.
- Proceedings can be initiated via Video-Conferencing.