NRI Divorce and Family Law in India: How Can an NRI File Mutual Divorce Without Coming to India? By Advocate Manoj Sharma
Introduction For Indians living abroad, matrimonial disputes can become complicated because the spouses may be living thousands of kilometres away from India while their marriage, family, property or other legal connections remain in India. A common question is: “Can an NRI obtain a mutual consent divorce in India without travelling to India for every court hearing?” In appropriate cases, yes, an NRI may be able to participate in mutual-consent divorce proceedings through video conferencing or other court-approved arrangements , but this should not be understood as an automatic right to complete the entire divorce process remotely in every case. The procedure depends on the personal law governing the marriage, jurisdiction of the Indian court, court directions, identification requirements, settlement terms and whether the court permits appearance through video conferencing or another arrangement . For Hindu marriages, Section 13B of the Hindu Marriage Act, 1955 (HMA) provides th...