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NRI mutual consent divorce for United States of America resident
16-Feb-2025 (In Divorce Law)
I am a non-US passport holder and reside in USA. My wife, an Indian citizen resident in India, have reached agreement on the terms of a mutual consent divorce and have decided to file in India. What is the process for going through this? Do I need to get the documents from Indian court attested by local Indian embassy before I sign them off, or do I need to sign off in their presence? Is any type of apostille required for US documents or from country of citizenship for presentation in Indian
Dear client based on your query, given the complexity of tenancy laws and your specific situation, it would be wise to consult a legal expert to explore the best course of action. This will help you understand your rights and the possible steps to address the tenancy issue effectively, for relevance we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Adv. Kalpana Sanap
Pune | 200+ Answers
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Passport is sufficient enough and your residentship card will do also only once you have personally appear late on for final stage we can do your appearance through video conferencing and within 3 dates divorce will be done
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Adv. Brahmanand Dube
Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Yes, some documents such as your passport, documents signed off from the Indian embassy. If it's by mutual consent then it would be less time consuming too. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Adv. Prerna Shukla
Mumbai | 700+ Answers
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As per Indian law, a mutual consent divorce is filed under Section 13B of the Hindu Marriage Act, 1955, or relevant personal laws. Since you reside in the USA, the process will require coordination between both spouses.
Filing the Petition: You and your wife must jointly file a mutual consent divorce petition in an Indian family court where the marriage was registered, where you last resided together, or where your wife currently resides.
Signing & Attestation: If you cannot be physically present, you may execute a Power of Attorney (PoA) in favor of your wife or her representative for signing and court proceedings. This PoA must be notarized and apostilled in the USA or attested by the Indian Consulate.
First & Second Motion: There is a six-month waiting period between the two hearings unless waived by the court. You may attend virtually or submit a notarized affidavit.
Document Authentication: Any US-originated documents (e.g., marriage certificate, PoA) require apostille or Indian consular attestation for Indian legal validity.
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Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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you can file your divorce through power of attorney holder and the proceeding can also take place online there will be not more than 02 to 03 hearing for poa you need to approach the embassy for further details call on my number
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Adv. Rakesh Tiwari
Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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