Divorce Affidavit Sample for NRI
FAQ’s
Is it possible to have an ex-parte divorce?
Assume that one of the spouses in a Spanish marriage is unhappy with the relationship and seeks an ex parte divorce, which is a divorce sought, pursued, and approved by the court without the participation of the other spouse.
While this may be valid in Spain if the divorce is uncontested by the spouse, Indian courts are unlikely to recognise such a divorce, and the parties will have to proceed on the basis of mutual consent once more. This is because the court has no information of whether the summons was properly served and other ex parte procedural requirements were met.
When is a Mutual Consent Divorce Between NRIs Not Valid?
In any of the following situations, a mutual consent NRI divorce decree will be deemed invalid:
A court of competent jurisdiction did not issue the decree.
Force, coercion, or undue influence were used to secure either party's permission.
The divorce was not granted based on the facts of the case.
An order like this might be challenged in an Indian court and declared null and void. To determine the legitimacy and applicability of a foreign divorce decree under Indian law, a divorce lawyer in India should be engaged.
What is a Contested Divorce in the Case of Non-Resident Indians?
Any of the spouses may file for a contested divorce based on the valid grounds for divorce established by the divorce laws of the foreign nation in which they are resident. When both parties fairly contest the divorce and a foreign court issues a divorce decree, the Indian court will recognise it as lawful.
When a divorce decree is submitted in a foreign court and the divorce is granted ex parte, that is, without the participation of the other party, the divorce decision is only legal in that foreign country and not in India. Such a decree will be deemed null and void, and the spouse will be required to dispute the divorce in an Indian court.
When one spouse lives in India and the other lives in a foreign nation, things become much more problematic. If one of them wants a divorce from the other, it might be a lengthy procedure. If the marriage is solemnised in India, the best divorce lawyers in India advise that the divorce be acquired there as well, particularly if the divorce is contested.
Also, even if the case is handled in a foreign court, it is always a good idea to consult a lawyer ahead of time to find out if foreign divorce judgments are eligible and applicable. When an NRI files for divorce in India, a divorce attorney can obtain a Power of Attorney that allows the spouse to avoid personally appearing before the Indian court. Only in the case of recording of statements, examination, and cross-examination is the spouse necessary to present personally before the Indian courts.
Is it required to include Exhibits in a Divorce Affidavit?
If the affiant wants the judge to view the documents that support the statements made in the affidavit, he must include a reference to them in the affidavit.
The documents must be attached to the affidavit as exhibits.
As a result, the exhibit comprises a receipt snapshot, an email, a text message, and other items.
Character reference, on the other hand, is not considered a proper exhibit.
0:00 Introduction
0:31 Situations
2:59 Divorce Affidavit Sample
5:19 Consent Divorce Affidavit Sample
6:51 Documents Required
7:26 Procedure