If an NRI husband files a divorce petition in India , does the wife?
The Hindu Marriage Act grants the right of getting the marriage dissolved by a decree of divorce between the spouses. The grounds can be more than one which are explicitly mentioned under the provisions of Section 13 of the Act. Along with the Hindu Marriage Act, Section 28 of a Special Marriage Act and Section 10A of Divorce Act is also provided to permit divorce by mutual consent. Mutual Consent If the divorce is inhabited by mutual consent between the NRIs and is granted by the foreign court then it is lawfully binding as well as valid as mentioned under the provisions of Section 13 and 14 of the Code of Civil Procedure. This validation is acknowledged by Indian Courts and is not required to be further validated in India. Non-Mutual Consent If the decree of divorce is granted by the foreign court then the following interpretations are possible- In case when the matter is clashed by both the parties involved in divorce but the decree is granted by the foreign court. Then after due negotiation as well as trial proceedings, the divorce is valid and becomes legally binding in India as well. But the basis of obtaining divorce should also be acceptable and presented in Indian books of law. In the case where the matter is not uncertain in a foreign court and anyone party comes back to India, where marriage is solemnized. Then the verdict of divorce granted by the foreign court is not applicable and will not be valid in India. The party moving to the Indian court has an option to stop the other spouse from initiating any proceedings in foreign court by way of filing a case in India. In this scenario, an Indian court has influence over its citizens. All the other involving issues to divorce of NRI including child custody, annulment, maintenance, etc. follow the similar legal principle which is to consider the wellbeing of the child, which stands in precedence by any court in India or foreign countries.