How NRIs Can Legally Obtain a Divorce in India
Introduction Divorcing outside India presents a unique set of challenges, blending legal intricacies with cultural and procedural hurdles. Under the Foreign Marriage Act of 1969, Indian law applies to marriages solemnized abroad between Indian citizens or between Indian and foreign nationals. These cases are also shaped by Indian personal laws such as the Hindu Marriage Act, Indian Divorce Act, and Special Marriage Act. To initiate divorce proceedings in India, at least one spouse must be an Indian citizen or have lived in India for three or more years. While the divorce petition can be filed in the jurisdiction where either spouse resides, seeking legal counsel is essential to determine the appropriate venue. A mutual divorce requires consent from both spouses. They must jointly petition the court and present their case. Upon finding the grounds valid, the divorce is granted. However, when one party opposes the separation, the process can grow more complicated. Courts often suggest m...