Laws Governing NRI Divorce:-

Hindu Marriage Act 1955: If both partners are Indian citizens and were married according to the Hindu Marriage Act 1955, they can file for divorce by mutual consent under Section 13-B of the Act.
Divorce rules for foreign marriages: If both spouses are residents of a foreign country, including the USA, and fulfill the conditions specified by the country's divorce regulations, they can seek a divorce with mutual consent. Indian law recognizes divorces that have the permission of both parties and adhere to the foreign country's laws.

Conditions for NRI Divorce:

Requesting an NRI divorce judgment in India, regardless of the couple's current residence.
Filing for divorce in India while living abroad.
One partner is an NRI, while that another is residing in India.
Both partners are NRIs.
One spouse is a foreign national, while the other is an NRI.

*Procedure for NRI Divorce:

Filing a divorce petition with the court.
Mutual agreement on maintenance and custody of any children born from the marriage.
A six-month adjournment from the date of plea presentation, known as the first motion.
Court appearance after the stipulated time to affirm the divorce by mutual consent.
Withdrawal or return of the divorce petition by either party before the second motion and within six months.

*NRI Divorce Options:

NRI Divorce by Mutual Consent: Couples file a petition for mutual consent in the foreign country's jurisdiction where they reside, rather than under Indian law. Seeking appropriate legal advice is crucial to ensuring that the decree obtained abroad meets all jurisdictional requirements. Matters such as alimony, child custody, and asset distribution are amicably resolved by the spouses in accordance with the laws of the foreign country.

*Validity of Mutual Consent for NRI Divorce:

Legitimacy requires a decree issued by a competent jurisdiction.
Absence of force, coercion, or undue influence in obtaining consent.
The NRI divorce order is being granted based on the grounds of the case.
Possibility Such a decree may be challenged in an Indian court and deemed null and invalid.

*Enforcement of NRI Divorce Decrees:

When a divorce decree is issued by a superior court in a reciprocating territory, Section 44A(1) of the Code of Civil Procedure (CPC) states that the decree can be enforced in India as if it were issued by an Indian District Court. A certified copy of the decree, along with a certificate from the foreign court, serves as conclusive proof for implementing the decree. However, in the case of a non-reciprocating territory, the process is more complex. The Indian Court must be approached, and a suit must be filed to declare the foreign decree enforceable. The Indian Court must be satisfied that the conditions outlined in Section 13 of the CPC have been met.

Alternative Solutions for NRI Divorce:-

*Video Conferencing for Recording Statements:

NRI clients can have their statements recorded through video conferencing, eliminating the need for unnecessary travel to provide statements in court. Attorneys and the court should ensure that NRI clients have access to video conferencing services, saving valuable time for all parties involved. Family Courts may consider the use of video conferencing to facilitate the cause of justice in both mutual consent and contentious divorce cases.

*Proceedings through Power of Attorney:

Parties involved in marriage issues, particularly NRI divorces, can be represented in court by a valid notarized Special Power of Attorney with apostille certification. The Code of Civil Procedure permits a power of attorney holder to file a petition, and the Family Court can hear applications made through a power of attorney.

To enforce a foreign divorce decree in India, it must meet the requirements stipulated in Section 13 of the CPC. Traveling to India can be avoided by appointing a lawyer who can handle court processes using a power of attorney or by opting for mutual consent. It is advisable to select an online lawyer well-versed in Indian divorce laws pertaining to NRIs. NRI divorces can be represented in court through a valid notarized Special Power of Attorney, ensuring legal representation and guidance throughout the proceedings.