Effective Legal Services in Every Area of Family Law
Raj & Kanwar experienced NRI divorce lawyers catering exclusively to the NRI community in their diverse family matters. As an NRI law firm providing comprehensive legal representation for NRIs since 1995. We take pride in calling ourselves experts in assisting, managing, and resolving matrimonial disputes of NRI clients. We excel at proffering discreet and desirable resolutions. Each of our practice areas is headed by our partners and backed by adroit and adept NRI divorce lawyers .
Our professional and dedicated team of NRI divorce lawyers, with expertise inculcated through experience, can provide expert advice on NRI divorce law that might be relevant for the purposes of our client. A person who has married an NRI, seeking divorce should be aware of the basic laws related to NRI divorce. Progressive society is marked by a radical dissection of any norms that fail to maintain relevance with the developed environment. The repeal of absolutism in line with the concept of marriage in the past is a prime example of this change in the present case.
Procedure Of Divorce
STEP 1: LEGAL CONSULTATION:
The first step, in the resolution of legal issues pertaining to matrimonial disputes amongst Non-resident Indians, relates to the provision for an initial legal consultation. This helps us ensure that the client has a clear idea about the various aspects that constitute their specified case. Such aspects might relate to whether the divorce is mutually desirable, the circumstances leading up to the possibility of the divorce, the desirable terms for the nri divorce settlement, etc. Additionally, such an exposition helps the law firm to arrive at a basic impression of the expectations of the client from the possible resolution, and devise a plan of action accordingly.
STEP 2: ASSIGNING THE BEST SUITED LAWYER FOR THE CASE:
Once the client, and us, have a clear conception of the various specifics constituting the case, the client is assigned an NRI divorce lawyer in India most suited to their specified issue. The criteria for the assignment of a suitable lawyer is their track record with respect to the resolution of similar cases in the past. The assigned lawyer shall assess the basic synopsis of the matrimonial dispute, as garnered from the initial legal consultation. They shall subsequently help the client explore the possibility of an attempt at Mediation and Reconciliation.
We are dedicated to providing 24/7 legal support to clients to facilitate the prompt resolution of the legal queries of our clients. The client can contact their assigned NRI divorce lawyers in India and even their specific case manager, any time of the day to resolve any doubts or queries they might entertain with respect to their matrimonial dispute.
STEP 3: SUBMISSION OF DOCUMENTS:
If the possibility of a mediation and reconciliation is off the table, the client has to submit such documents, as are deemed relevant, to their assigned lawyer. The best NRI divorce lawyer in India shall then assist the client in the establishment of the terms of the settlement between the two parties to the divorce petition after an appraisal of whether the divorce petition is mutual or contested. It is harder to arrive at mutually agreeable terms in the latter scenario. Our best NRI Divorce Lawyer in India are experienced in conducting the necessary talks with the opposing party (either petitioner or respondent) to arrive at terms that would be in the best interests of their client.
STEP 4: PRESENTATION IN THE CONCERNED COURT:
In the final step, the NRI divorce advocate assigned to the case drafts the divorce petition, in the pertinent legal format, and presents it in the relevant civil court. This is followed by recording of the first Motion Statement. The possibility of an interim relief is investigated. In the case of mutual divorce, the interim relief may be dispensed away with. This is followed by an affirmation of the desire for execution of the divorce petition in the second Motion Statement. Once these formalities have been catered to, the certificate validating the divorce can be obtained from the court.
In the case of a contested divorce petition, the procedure is more arduous. It necessarily involves the submission of the individual narratives of the respondent as well as the petitioner. Once both the parties to the petition have a clear idea about their rights and the possibilities that a resolution can entail, the possibility of mediation and reconciliation is thoroughly investigated. In the event of such a solution being unfeasible, the NRI divorce advocate assigned to the client assists in the drafting and submission of the Divorce petition, which also has to be served upon the opposing party. Depending on the circumstances of the matrimonial dispute, the court can deem a cross-examination of the two parties, with respect to their provided narratives, as necessary. Once the legal formalities are completed, the court can approve the divorce petition. Following this, the petitioner and the respondent can obtain the certificate validating their divorce, and the terms of the divorce agreement.
NRI DIVORCE - NECESSARY DOCUMENTS
The following documents are generally required to avail the services of an Indian divorce lawyer in the resolution of matrimonial disputes amongst Non-resident Indians –
- Proof of Residence (Bank statement, Utility bills).
- Proof of Identity (Aadhar card, PAN card, Passport).
- A narrative outlining the circumstances leading up to the nri divorce.
WHY RK LEGAL ADVISORS?
We at RK legal advisors believe in the idea that it is our accomplishments that can highlight our efficiency as an organisation. We value ourselves on our impeccable standard of professional integrity. We are committed to ensuring that our clientele receive a quick, complete, and confidential resolution to their issues pertaining to the resolution of matrimonial disputes for an NRI.
As a law firm catering exclusively to an NRI clientele, we can help you find the right legal advisor to help you arrive at terms for the divorce settlement that are in favour of your interests. We have been providing efficient NRI legal services for the resolution of matrimonial disputes involving non-resident Indians since 1995. We can ensure fast legal support for our clients. We recommend case-specific strategies after a critical consideration of the circumstances leading up to the possibility of nri divorce.
We believe in nurturing a compassionate relationship with our clientele. We strive to ensure the rights and liberties of our clients are upheld at all times. Our efforts are directed at providing a prompt and positive result to our nri clients whereby they can avoid any unwanted repercussions in their lives.
We strive to ensure that the dealings we have with our clientele are transparent and reasonable. Our seasoned lawyers spare no effort in ensuring that the client is not discomfited at any instance of our working association.
Raj and Kanwar Legal Advisors is a premier law firm with 25+ Years of Combined Legal Experience in our field of nri divorce. We have a dedicated team of Indian divorce lawyers for NRIs lawyers who are inclined towards the pursuit of excellence in their professional undertakings.
Why Raj & Kanwar Divorce Expert?
At Raj and Kanwar Legal Advisors, as a law firm catering exclusively to an NRI clientele, we have a dedicated team of seasoned family lawyers to assist NRIs in India to resolve their family and matrimonial disputes in an efficient, compassionate, and discreet manner.
Consider the case of an NRI couple with a marriage sanctioned under Indian law, seeking termination of the same in a court in their country of residence. Such a scenario would necessitate a critical assessment of the specifics pertaining to their case, keeping in mind the relevant differences in the legal frameworks of their country of origin, and residence. The purview of NRI family lawyers includes contested divorce petitions, mutual divorce petitions, maintenance cases, cases of permanent alimony, domestic violence, etc. Our team of NRI divorce advocates has extensive experience in catering to the legal formalities pertaining to cases of the mentioned categories.
The legal framework demands a nuanced interpretation given the diversity of cultures and associated customs pertaining to marriage that find their confluence in the Indian society. Our team of NRI family lawyers are more than capable to fulfil such a role. They pride themselves on their progressive grasp over the various provisions in the Indian legal system, pertinent to matrimonial matters, such as the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Our objective is to provide our clients with a clear assessment of the specifics of their case pertaining to NRI divorce petitions, and ensure that they can make an informed decision about what would be the most suitable plan of action, given their circumstances.
Given the fact that our dedicated team of Indian divorce lawyers for NRIs have 25+ years of combined legal experience in resolving legal issues pertaining to matrimonial disputes amongst Non-resident Indians, we, at Raj and Kanwar Legal Advisors, would like to assure our clientele of a prompt, positive, and confidential resolution to their disputes pertaining to their matrimonial life. We are Specialists in Complex & High Value Divorce Cases with of NRIs. We are committed to provide discreet and desirable resolutions to our NRI clients. Any non residential Indian can contact us for Divorce Filing, Separation, Child Custody, Alimony & Section 498A Bail!
End Your Relation With Mutual Divorce Or Contested Divorce
Divorce With Mutual Consent
Divorce with Mutual consent is one where both the partners want to have a divorce and agree to live their lives separately. According to this couple have already applied their minds and are ready to part ways as a couple on agreed terms and conditions.It is easy to get a Divorce with Mutual consent is a recommended alternative. This option can be opted when both partners agree that seeking a divorce is the only option and are willing for separation on cordial terms. As per section 13 B of Hindu marriage act 1954, a married couple should be living separately which does not mean living on different locations. It means that the couple should not be living as husband and wife during this time period. The duration of procedure for divorce under this provision varies from 6 to 18 months.
Essential Requirements For Mutual Divorce
As per Section 13-B of Hindu Marriage Act, 1955:
- Both the partners must agree to it : Both partners should give their consent willingly and it should not be obtained by any force or under the influence of any person. If one of the partners withdraws its consent during the pendency of the petition then the divorce cannot be obtained by mutual consent.
- Living separately for one year or more : The partners have to show that they had been living separately for at least six months. Living separately under this context means that they had not been living as husband and wife. Living separately is not in relation to the place of living but the intention to live separately. The parties may be living under one roof but not as husband and wife, then only they can apply for the divorce by mutual consent. They may be living in separate places but still as husband and wife by fulfilling matrimonial obligations in such case they cannot apply for the divorce by mutual consent.
- Have not been able to live together : The couple has to prove that it is not possible for them to live with each other. Mere small fights or trivial causes cannot be the reason to obtain divorce by mutual consent.
- Time period : When once the petition is filed, the court gives the time period of 6 to 18 months to reconsider their decision and come together after 6 months for the hearing of the case. But if they come after 18 months then the court will not consider their case as it presumes that they might have changed their decision of obtaining a divorce. If they now want a divorce they would have to file a fresh petition in the district court.
- Confirmation by the Court : The Court makes sure that there is no fraud, use of force, coercion on any of the party for giving consent under such divorce and their marriage was a valid marriage.
Filing Of Petition Of Mutual Consent Divorce
As per Section 19 of Hindu Marriage Act, 1955 the petition of mutual consent divorce can be filed in the family court of district where:
- Marriage had taken place.
- Husband and wife resided together.
- Wife is residing at the time of filing the petition.
Procedure Of Filing The Petition And Court Procedure
- The petition is filed in the family court of district in the form of affidavit and the statement of both husband and wife is recorded. The matter is adjourned for the time span of six months.
- After the time of six months, both the parties have to present themselves before court with the confirmation of mutual consent which has been filed before. The divorce is not granted if the mutual consent is not confirmed in the second motion i.e. after six months. The decree of divorce is given after the second motion.
Withdrawal Of The Mutual Consent Divorce Petition
The provisions to withdraw mutual consent divorce petition is allowed by one spouse after filing in family court of district.
- During the time span of six months either of the spouse is authorized by the court to withdraw the mutual consent divorce petition by filing an application asserting that he/she does not wish to pursue with mutual consent divorce.
- The court is obliged to not to grant divorce decree under such situation.
Remedy For The Other Spouse
The other spouse can file a normal case under Section 13 of Hindu Marriage Act, 1955 where the divorce can be granted on certain grounds like cruelty, conversion of religion, desertion, unsound mind, Leprosy, spouse missing or abandoned for more than seven years or sexual intercourse with another person.
Time Span For Final Decree Of Divorce By Mutual Consent
It takes the time of six months to one year from the date of filing the petition and rest depends on case to case.
Validity Of Divorce Through Mutual Consent Versus Settlement Outside Court:
It is a general practice in some areas where the parties themselves or through the Panchayat or with their elders enter into a compromise deed between the parties to get their marriage dissolved and to get separated.
But this compromise deed is not recognised as a valid mode of divorce in India unless such mutual agreement to get separated/ divorced is enforced through court proceedings u/s 13B of the Hindu Marriage Act, 1955.
We have dedicated professional NRI divorce lawyers, providing nri legal services in Canada, USA, Australia, and also in numerous European countries in cities such as London, Leicester, Edinburgh, etc. We also provide effective NRI legal services in the majority of the Asian countries such as Japan, Thailand, United Arab Emirates, Singapore, etc. We also have a sustained presence in the majority of the Indian states such as Punjab, Haryana, Maharashtra, Gujarat, Karnataka, etc., in cities like Delhi, Pune, Bangalore, Chandigarh, etc.
RK Legal Advisors is an exclusive law firm providing comprehensive legal representations to NRIs around the world in their diverse legal matters pertaining to matrimonial disputes wherein the client might be the petitioner or the respondent. We strive to ensure that the rights of our clientele are not infringed upon whilst working towards the possibility of a resolution within the legal framework.
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