Category: Divorce and Maintenance Law

Sharing Divorce, Maintenance, Alimoney and many other laws relating the same.

Procedure for NRI Mutual Divorce ?

Procedure for Divorce for NRIs is not any different than other Divorce matters.

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  1. File a Petition before Family Court.
  2. Parties will be before Marriage Counsellor appointed by the Court for Marriage Counselling.
  3. Parties will be subject to Cooling Period after first hearing i.e. Step 2.
  4. On the last date of hearing which is final hearing, the parties will be again before the Marriage Counsellor for Marriage Counselling.
  5. Affidavit of Claim will be filed and Consent Terms will be verified.
  6. Lastly, parties will be counselled by the Judge too and if consent continues, the parties will be granted Divorce.

Can NRI file Mutual Divorce online ?

Online but not Online really. Click here to WhatsApp

NRIs who intend to file their Divorce, they have to file it through their relative/friend here in India. They have to send all such papers physically here and they have to be online on Video Conference as and when required.

That the you don’t have to come to the Court physically and thus, we can call it online as the process will be on Video Conference.

Online NRI Divorce

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Yes, you heard that right. NRIs or person living aboard can now just apply for divorce in India without physically required to visit our remain present in India.

NRIs can now apply for divorce through someone here in India who will sign for them while they can do the proceedings online through video conferencing.

Such procedure makes it quite convenient for the litigants especially in obtaining Mutual Divorce.

Faria and Co. has undoubtedly have served their NRIs clients in obtaining Mutual Divorce without any hassle or obstacles. Divorce Decree becomes necessary aboard at times for Visa applications, residence visa, remarriage, child custody, etc. And we have delivered our clients the legal services so required by them.

Feel free to reach us for any doubt regarding this article.

Anticipatory Bail in 498A IPC

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Even though the 498A of Indian Penal Code is a non-bailable offence, it does not bar any person from seeking an Anticipatory Bail from it.

Usually, in a case 498A, the main Accused in the FIR are the Husband and his near family.

Anticipatory Bail i.e. pre-arrest Bail, can be sought by any Husband and/or his relatives against whom a FIR is lodged or if they are of information that the FIR is already lodged then they can apply for Anticipatory Bail under section 438 of Criminal Procedure Code.

This Anticipatory Bail can be applied in any District or Sessions Court within the jurisdiction of that Police Station.

Bare Section of 498A

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Section 498A of Indian Penal Code

Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty means”—

(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]