Effective Legal Services in Every Area of Family Law

The progressive society is marked by a radical discontinuation of any such norm that fails to maintain relevancy with the evolving milieu. The abrogation of the absoluteness previously afforded to the conception of marriage is a prime instance of this change in the existent state-of-affairs. Now, the concept of nri divorce has been relatively normalised. It is a logically possible contingency that a marriage might not turn out as expected. Different individuals can have different perspectives and pursuits in life. At times, the most feasible method to solve a crisis pertaining to marriage is through the filing of a divorce petition. However, as is immanent in the judiciary, the procedure for nri divorce is replete with intricacies and complications; all the more so when such a scenario pertains to Non-resident Indians.

Procedure Of Divorce

STEP 1: LEGAL CONSULTATION:

The first step, in the resolution of legal issues pertaining to matrimonial disputes amongst Non-resident Indians, relates to the provision for an initial legal consultation. This helps us ensure that the client has a clear idea about the various aspects that constitute their specified case. Such aspects might relate to whether the divorce is mutually desirable, the circumstances leading up to the possibility of the divorce, the desirable terms for the nri divorce settlement, etc. Additionally, such an exposition helps the law firm to arrive at a basic impression of the expectations of the client from the possible resolution, and devise a plan of action accordingly.

STEP 2: ASSIGNING THE BEST SUITED LAWYER FOR THE CASE:

Once the client, and us, have a clear conception of the various specifics constituting the case, the client is assigned an NRI divorce lawyer most suited to their specified issue. The criteria for the assignment of a suitable lawyer is their track record with respect to the resolution of similar cases in the past. The assigned lawyer shall assess the basic synopsis of the matrimonial dispute, as garnered from the initial legal consultation. They shall subsequently help the client explore the possibility of an attempt at Mediation and Reconciliation.

We are dedicated to providing 24/7 legal support to clients to facilitate the prompt resolution of the legal queries of our clients. The client can contact their assigned NRI divorce lawyers and even their specific case manager, any time of the day to resolve any doubts or queries they might entertain with respect to their matrimonial dispute.

STEP 3: SUBMISSION OF DOCUMENTS:

If the possibility of a mediation and reconciliation is off the table, the client has to submit such documents, as are deemed relevant, to their assigned lawyer. The NRI divorce lawyer shall then assist the client in the establishment of the terms of the settlement between the two parties to the divorce petition after an appraisal of whether the divorce petition is mutual or contested. It is harder to arrive at mutually agreeable terms in the latter scenario. Our NRI Divorce Lawyers in India are experienced in conducting the necessary talks with the opposing party (either petitioner or respondent) to arrive at terms that would be in the best interests of their client.

STEP 4: PRESENTATION IN THE CONCERNED COURT:

In the final step, the NRI divorce lawyer assigned to the case drafts the divorce petition, in the pertinent legal format, and presents it in the relevant civil court. This is followed by recording of the first Motion Statement. The possibility of an interim relief is investigated. In the case of mutual divorce, the interim relief may be dispensed away with. This is followed by an affirmation of the desire for execution of the divorce petition in the second Motion Statement. Once these formalities have been catered to, the certificate validating the divorce can be obtained from the court.

In the case of a contested divorce petition, the procedure is more arduous. It necessarily involves the submission of the individual narratives of the respondent as well as the petitioner. Once both the parties to the petition have a clear idea about their rights and the possibilities that a resolution can entail, the possibility of mediation and reconciliation is thoroughly investigated. In the event of such a solution being unfeasible, the NRI divorce lawyers assigned to the client assists in the drafting and submission of the Divorce petition, which also has to be served upon the opposing party. Depending on the circumstances of the matrimonial dispute, the court can deem a cross-examination of the two parties, with respect to their provided narratives, as necessary. Once the legal formalities are completed, the court can approve the divorce petition. Following this, the petitioner and the respondent can obtain the certificate validating their divorce, and the terms of the divorce agreement.

NRI DIVORCE - NECESSARY DOCUMENTS

The following documents are generally required to avail the services of an NRI divorce lawyer in the resolution of matrimonial disputes amongst Non-resident Indians –

  1. Proof of Residence (Bank statement, Utility bills).
  2. Proof of Identity (Aadhar card, PAN card, Passport).
  3. A narrative outlining the circumstances leading up to the nri divorce.

OUR LOCATIONS:

We have dedicated professional NRI divorce lawyers, providing NRI legal services in Canada, USA, Australia, and also in numerous European countries in cities such as London, Leicester, Edinburgh, etc. We also provide effective NRI legal services in the majority of the Asian countries such as Japan, Thailand, United Arab Emirates, Singapore, etc. We also have a sustained presence in the majority of the Indian states such as Punjab, Haryana, Maharashtra, Gujarat, Karnataka, etc., in cities like Delhi, Pune, Bangalore, Chandigarh, etc.

RK Legal Advisors is an exclusive law firm providing comprehensive legal representations to NRIs around the world in their diverse legal matters pertaining to matrimonial disputes wherein the client might be the petitioner or the respondent. We strive to ensure that the rights of our clientele are not infringed upon whilst working towards the possibility of a resolution within the legal framework.

FAQs About NRI Divorce Law

IS A DIVORCE EXECUTED ABROAD CONSIDERED LEGALLY VALID IN INDIA? 

Under Section 13 of the Civil Procedure Code, a foreign decree recognising a divorce is afforded validity within the Indian legal framework as well. The exception to this rule is the case of the decree being fundamentally flawed with respect to the existing legal norms.

This is in accordance with the principle of res judicata. The principle pertains to the case of a litigant seeking to file a subsequent lawsuit pertaining to a matter, and parties, after that matter, pertaining to the named parties, has already been heard and decided upon by a competent judicial body. It rescinds the right to file a subsequent lawsuit in that matter, with respect to the same parties, in a bid to promote fair judgement and serve as a detriment to the abuse of judicial power.


IS GETTING DIVORCE EASY IN INDIA?  

The conception of marriage has changed over the years. Divorce has now become a normalised notion in the progressive society. However, getting a divorce should not be the first priority, even if it were to be an easy thing to do. Even in the judicial structure, the provision for divorce entails an initial investigation into the possibility of mediation and reconciliation. If such a possibility appears unfeasible, divorce can be considered as the next alternative.

Getting a divorce requires catering to certain legal formalities. It is easier to get a divorce in a situation where the petition is mutually agreed upon. In the case of a contested divorce petition, the procedure for obtaining the divorce certificate is relatively more arduous. To cater to the legal aspect of a divorce, you can take the help of trusted and established law firms such as RK Legal Advisors.


WHAT IS THE MINIMUM TIME TO GET DIVORCE IN INDIA? 

Except for a scenario instantiated by extreme hardship, no divorce petition can filed within the first year of marriage. After that span of time, if the desire for a divorce is mutual, a divorce petition can be filed in the relevant civil court. In a mutual divorce petition, the entire procedure can be completed within six to twelve months at the most. In the case of a contested divorce petition, the legal complexities involved are significantly larger. Hence, the time taken for the resolution of a contested divorce petition can range from three to five years, given the circumstances leading up to the possibility of divorce.


CAN AN INDIAN COUPLE GET DIVORCED IN USA? 

A couple married in India can file for a divorce in USA, provided they can furnish proof of residence in USA. Also, the process is more streamlined in the case of a divorce through mutual agreement. Such a decree, following the verdict of the Hon’ble Supreme Court of India, would hold validity in the Indian legal framework, given that the reason mentioned for the divorce is recognised by Indian law.

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