Non-Resident Indians (NRI) – Divorce, Annulment, Child Custody – Legal Proceedings – New Delhi, India

Non-Resident Indians (NRI) Divorce, Annulment

, Child Custody Legal Proceedings New Delhi, India

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation ofdivorce, annulmentandchild custody andconsequent legal proceedings.

They have option of filing divorce case in India. But, the biggest problem they face is direct interaction with his/her prospectiveDivorce Attorney to understand the complex issues of tarns-border divorce cases andNRI Divorce Laws, etc. We atDivorce Lawyers have expertise in this area ofDivorce which involves NRIs, etc. We understand that time is essence and attending Court hearing is expensive as well as time consuming. We offer our specialized services and represent the client before the Court. We know the art of trade to keep the attendance of client in Court to minimum one or two during entirecontested divorce case. We have achieved the unique distinction of getting the Divorce byMutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.

We provide complete and regular update to client about the development of thedivorce,annulment,child custody cases. We are just a call or e-mail away. Our time structure is also tailor-made to address the issues ofNRI Legal Services. We have achieved commendable success inNRI's Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.

We undertake all kinds of litigation pertaining to the divorce. In India, there are various Laws which govern the principle of Divorce likeHindu Marriage Act-1955,Special Marriage Act-1956, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:

1) Mutual Consent Divorce: InMutual consent Divorce, ajoint Divorce petition is filed in the District Court containing all terms and conditions regardingsettlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grantsDecree of Divorce and by virtue of same marriage gets dissolved.

2) Contested Divorce: In such cases either of the spouses canfile a petition for the dissolution of marriage amongst the grounds available to him/her under thelaw applicable to them and the petitioner (one who files the petition/case) has to prove his case. On successfully proving the charges and grounds,divorce decree is granted by the Court.

Indivorce proceedings, the most complex and emotionally drenching issue is that ofchild custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children.Custody of children can be divided in to three parts:

1) Permanent Custody: After determining all issues, Court grantspermanent custody of children to one of the party.

2) Interim Custody : During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grantsinterim custody of children to the other parent at the times of vacations, holidays etc.

3) Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent can not be denied the right to meet and see his/her children. In disposing of suchcases, Court awards reasonablevisitation right to the other parents and fix up the time and days for the meeting with his/ her children so that theemotional ties are not broken between thechild and the other parent.

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