NRI divorce lawyer in Mumbai
NRI Divorce Lawyer
Our unique and efficient handling of divorce cases related to NRI over more than a decade has made as a natural choice for representing NRI divorce cases in India.
Our unique NRI legal support services s now include following additional services beside litigation and representation in India. They are as under:
India is a signatory to Hague Convention.
1.Legal Support to foreign Individuals, Attorneys and lawyers involving Indian Divorce and Family Law.
2.Expert Legal Opinion on Divorce, Annulment, Alimony, and financial settlement to US Attorneys, Law Firms and Individuals..
3.Expert Legal opinion on Divorce and Family Law along with readiness to appear in person or through video conference as an Expert witness in Foreign Courts involving conflict of Indian and foreign Laws..
Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-
1.Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
2. On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
3.Divorce Petition will be drafted which will include terms of settlement agreed between parties.
4.Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
5.Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
6.After recording of statements, First Motion will be passed.
7.Court gives six months time to parties to reconsider their decision. This is called cooling period generally. Second Motion is set up.
8.Aforesaid steps shall be repeated. Statement of parties will be recorded again.
9.After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted. We are leading NRI divorce lawyer in Mumbai
DIVORCE BY MUTUAL CONSENT BY POWER OF ATTORNEY & VIDEO CONFERENCE:
Some states like Delhi allow statement of one party to be recorded through power of attorney. Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money. We are leading NRI divorce lawyer in Mumbai Six months Waiver in Mutual Consent Divorce:- Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory. But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, Supreme Court still has power to waive of the period of six months. Thus, Supreme Court is the only Court which has the power to dissolve the marriage in less than six months.