Some people fulfil their vows and stay together till death does them part, many don’t. A harsh truth about India is that parents are eager to marry off their daughters to NRIs, assuming these to be better, but not many to these marriages stand the test of time and end up in divorce, and the spouses going their separate ways. NRIs can either file a divorce in India or they can file it in the country that they reside in.
How to get Divorce in India
All the grounds prescribed in the personal laws are available to NRIs and citizens residing within the territory of India alike. Common grounds for Divorce found in Hindu Law and Special Marriage Act, 1954 alike are Adultery, Desertion, Cruelty, unsoundness of mind, etc.
Usually, it is not necessary for NRIs to stay in India till the divorce is finalized, they can execute a Special Power of Attorney (PoA) in favour of another person once the presentation of the plaint has been done. But, in order to give evidence, it is important that the person be present during the proceedings.
How to get a divorce in a foreign country where you reside?
The Indian Legal system does not recognize an Ex Parte divorce, thus, it has to be a divorce by mutual consent.
One can file for a divorce as per the foreign marriage laws prevailing in the country one resides in. After that, a declaration has to be sought in accordance with the Family Courts Act to make the judgement which has been passed by the foreign court valid in India. This declaration can only be sought which has the jurisdiction to try that particular case.