Regardless of the reason for seeking divorce, a person married to an NRI must be aware of the basic NRI divorce-related laws. In case both the spouses are Indian and were married under Hindu Marriage Act of 1955, mutual consent divorce can be sought under section 13-B. Muslim marriages are required to follow the Dissolution of Muslim Marriages Act of 1939. Similarly, marriages under other religions will follow different statutes for the purpose of seeking divorce.
Jurisdiction refers to power in the hands of court to grant a valid decree. The court should have the jurisdiction by all means, or else any decree sanctioned by them stands invalid.
The jurisdiction in matters of divorce depends on the religion under which the couple had been married. These three factors remain constant in all statutes-
- Where the marriage took place or was registered.
- Where the couple last lived together.
- Place where the other party is residing at the time of the divorce filing.