Non-Resident Indians (NRI) – Divorce,Annulment, Child Custody – Legal Proceedings – New Delhi, India

By: Bhawna | Posted: 16th March 2011

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation of divorce, annulment and child custody and consequent legal proceedings.

They have option of filing divorce case in India. But, the biggest problem they face is direct interaction with his/her prospective Divorce Attorney to understand the complex issues of tarns-border divorce cases and NRI Divorce Laws, etc. We at Divorce Lawyers have expertise in this area of Divorce which involves NRIs, etc. We understand that time is essence and attending Court hearing is expensive as well as time consuming. We offer our specialized services and represent the client before the Court. We know the art of trade to keep the attendance of client in Court to minimum one or two during entire contested divorce case. We have achieved the unique distinction of getting the Divorce by Mutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.
We provide complete and regular update to client about the development of the divorce, annulment, child custody cases. We are just a call or e-mail away. Our time structure is also tailor-made to address the issues of NRI Legal Services. We have achieved commendable success in NRI's Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.
We undertake all kinds of litigation pertaining to the divorce. In India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1956, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:
1) Mutual Consent Divorce: In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved.
2) Contested Divorce: In such cases either of the spouses can file a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who files the petition/case) has to prove his case. On successfully proving the charges and grounds, divorce decree is granted by the Court.

In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children. Custody of children can be divided in to three parts:
1) Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
2) Interim Custody : During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
3) Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent can not be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.
For more details contact the Divorce, Child Custody Attorneys & Lawyers at :
Global Lawyers
Call: 0091 9810153965
Visit : http://www.globallawyers.in
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Tags: e mail, video conferencing, mutual consent, annulment, legal proceedings, divorce cases, divorce case, divorce attorney, child custody cases, contested divorce, divorce lawyers, divorce laws