• Do NRI need to come to india for divorce?

Respected Lawyer
I am NRI and would need to file for a divorce with my wife due to incompatibility and wife has mental stability issues and abuses me and now threatens domestic violence case against me.
Q 1
I reside outside india and my wife is in india and marriage certificate is from india
I would like to know if NRI needs to come to india to finalize divorce or
Can i finalize my divorce online or through conference calls?
Q2
Can woman file domestic violence without any video or audio proof? since if she abuses me-am i supposed to keep quiet as a man?
Asked 9 days ago in Family Law
Religion: Hindu

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12 Answers

You would need to come down to India to file for divorce on grounds of mental cruelty 

 

2)you can execute POA in favour of family member to attend court on your behalf 

 

3) your personal presence would be needed during trial 

 

4) wife can file false DV case but if she is unable to prove allegations her complaint would be dismissed 

Ajay Sethi
Advocate, Mumbai
79681 Answers
4800 Consultations

5.0 on 5.0

Hello,

  1. It is possible to get the divorce proceedings finalized through video conferencing, provided you file the petition as a mutual consent divorce either in person or through a Power of Attorney Holder.
  2. Proofs are not required to file a complaint of domestic violence. A man has the option to approach the police for any violence against him.

S J Mathew
Advocate, Mumbai
3079 Answers
112 Consultations

5.0 on 5.0

  1. Yes.  You need to be in India, first of all for an exhaustive consultation session with your counsel. During litigation, your presence at every hearing need not be required, but during filing and first hearing, your presence is necessary. In subsequent hearings, you will be intimidated when you need to be present. 
  2. You are based in Mumbai, are you not? (despite being an NRI).  I'm based in Mumbai/ NaviMumbai too and extend my expert legal assistance to you. As indicated in 1,you need to visit me for detailed consultation 
  3. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1356 Answers
5 Consultations

4.4 on 5.0

1. Even though you are a NRI and living at In abroad, since your marriage was solemnised in India as per Indian laws, if at all you want to dissolve your marriage by a decree of divorce, you may have to file a divorce petition before an Indian court as per the provisions of Indian law and for that you may either have to be present physically present before the court or can be represented by your power of attorney holder for which you may have to execute a power of attorney deed from your country iof residence. However you may have to be physically present before court for deposing evidence from your side in the divorce case when the case is posted for prosecution side evidence.

2. Can she file a domestic violence case without any evidence means, yes she can file, it becomes your duty to nullify her allegations as false and get the case dismissed by proving that she has filed a false case. 

For that you may have to participate and strongly contest the case.

 

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1. You shall have to personally come to India to sign the affidavit, Vakalatnama and the plaint in connection with the said divorce suit to be filed by you.

 

2. She can file the DV case with out video or audio recording as evidence. She can file othwer evidence in support of her allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

Dear sir,

 

1. Your physical presence would be necessary at time of recording the evidence because that's when you'll be required to enter the witness box. For everything else, you can have a lawyer representing you. Right now due to COVID you can attend the court proceedings through video conferencing. This would not have been possible otherwise. 

2. Yes, she can file. The stage of proof/evidence comes later. A case can be filed against you without any evidence. 

As per law, you are not "supposed to keep quite", however, you are not supposed to be violent too. 

Agam Sharma
Advocate, New Delhi
585 Answers
4 Consultations

5.0 on 5.0

1. For filing of petition you do not have to come if you can sign the divorce petition and post to your lawyer in India after attestation.

2. For evidence you will have to appear personally in the court.

3. Woman can certainly file DV case without any proof.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

Dear Sir,

Now, the law is enlarged in India and many family Courts allowing video conference for mutual divorce and even for contested divorce. Your wife can file domestic violence case within 1 year of separation from you in India. If you are residing Abroad for more than 1 year then she cannot file such DV case. Even if such case is filed you can approach the High Court and get stay order and/or quash orders against such proceedings.  

Kishan Dutt Kalaskar
Advocate, Bangalore
5638 Answers
233 Consultations

4.8 on 5.0

Hello,

The law provides the option to file divorce where either husband or wife resides or last recoding place. Since now you don't stay in India you can file divorce where your wife is currently staying.

Through power of attorney you can file the case, hence you don't need to come to India. Now becouse of covid-19 many courts are taking there hearings through video conferencing. Hence you have that option. But to file any document and for councillation you need to apoint your representative through POA. If want to settlement that you can do on VC with permission and availability.

 

Women can file domastic violence case any point. And to bring the proof or evidence is always on applicant and deciding power will held in hand of court where to accept the evidences brought by applicant. 

As a man don't respond her with filthy language or any abusive language or filthy text etc. As you must be contacting through whats app and such other app. Thease chat can be show in the court as evidence either by you or your wife. Respond her with passive language and be calm. Even telephonic call can be recorded and produce in court. So don't give any chance to opposite party to create evidence .

Suvarna Nage
Advocate, Pune, mumbai
13 Answers
3 Consultations

4.5 on 5.0

Merely because wife is threatening to file DV case against you , abuses you is not ground for anullment of marriage 

 

husband can record conversation 

 

file for divorce on grounds of mental cruelty 

 

wife has no share in husband self acquired property 

Ajay Sethi
Advocate, Mumbai
79681 Answers
4800 Consultations

5.0 on 5.0

The marriage cannot be annulled for the said reasons mentioned in your post. 

The following are the grounds by which a petition can be filed seeking annulment of marriage:

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).

Your case do not fall on the above category.

 

If your wife is abusive and always quarrel then you cannot remain idle or silent, out of provocation you too would have retaliated, however she may create such retaliations as reasons or grounds for domestic violence, hence you may gather evidences to counter her allegations during the trial proceedings and get the case dismissed.

 

Your wife is not entitled to any share in your property or your savings bank account balance amount as a right, whether still married or divorced.

 

 

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

Sir

You can settle the marriage if both the parties are agree on certain terms and conditions irrespective of number of years. That means you can mutually take divorce. Annulment marriage has different circumstances under law. 

Wife can file domastic violence case, and it is her responsibility to bring evidence. If she does not have evidence ahe still can file a divorce. But whether the case will stand or not is different question. 

If wife is abusive it not that man should keep quit. Defence is best option than the attack is the best option. Everyone understands that every man have level of patience and beyond that it is quit difficult to keep calm. But in your situation you both are living seperately hence it is bit easy for you to ignore your wife's abusive words. Even if use abusive language don't respond with same language, try to handle the situation differently.

As a wife she is responsibility of husband and therefore she is equally have right over husband property. In case both are getting divorce wife can ask maximum 50 % share from the husbands property. Even if wife is earning. But if the case contests it will be Judge who will decide how much share to give. Apart from that you can defend the case as your lawyer can do it best. 

If settlement takes place then it is both of you will decide the amount of settlement and other things.

Suvarna Nage
Advocate, Pune, mumbai
13 Answers
3 Consultations

4.5 on 5.0

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