Best NRI Divorce Lawyer In Gurgaon India .
NRI divorce cases can be quite complex due to jurisdictional issues and the applicability of various laws. Types of NRI Divorces include:
– Divorce by Mutual Consent: Both partners file a petition in court seeking divorce, and they must agree on child custody and maintenance ¹.
– Contested Divorce: One partner files for divorce, and the other contests it.
Laws Governing NRI Divorces:
– Hindu Marriage Act, 1955: Applies to Hindus, Buddhists, Sikhs, and Jains ¹.
– Special Marriage Act, 1954: Applies to interfaith marriages and those registered under this act.
– Foreign Marriage Act, 1969: Applies to marriages between NRIs or between an NRI and a foreign national.
Challenges in NRI Divorces:
– Jurisdictional Issues: Determining which court has jurisdiction over the divorce case ¹.
– Service of Process: Serving divorce papers to a spouse living abroad.
Solutions for NRIs:
– Video Conferencing: Allows NRIs to participate in court proceedings remotely ¹ ².
– Special Power of Attorney: Enables NRIs to appoint a representative to handle court proceedings on their behalf ².
Key Considerations:
– Child Custody: Arrangements must be made for the child’s care and maintenance.
– Maintenance and Alimony: Financial support for the spouse and child.
It’s essential for NRIs to consult with experienced attorneys to navigate these complex issues and ensure a smooth divorce process.