Dear Sir,
The following information may kindly be read:
What if the Couple is Not Living in India After Marriage?
If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in 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 can be filed within the jurisdiction of the courts of which the parties to the marriage last resided.
The residence or the matrimonial home of the NRI couple will be a foreign country. Thus, the couple can file for a divorce petition either in India or in such foreign country.
Filing for Divorce in a Foreign Country
When a couple decides to file a divorce petition in a foreign country, they do so on the basis of the power given to them under the Indian law. The petition for mutual consent divorce will have to be made in accordance with the laws of the country in which the couple resides. The Indian laws will not apply to the foreign courts. The foreign court will then pass a decree recognizing the divorce in accordance with their procedure.
Will this Foreign Decree be Recognized by the Indian Courts?
The Indian courts do not recognize the decree passed by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.[2]
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 international law or a refusal to recognize the law of India in cases in which such law is applicable.
- Was obtained opposed to the principles of natural justice.
- Has been obtained by fraud.
- Sustains a claim founded on a breach of any law in force in India.