NRI Divorce in India through Mutual Consent – A Practical Approach by Legal Light Consulting

Understanding Mutual Consent Divorce under Special Marriage Act, 1954

In today’s fast-paced world, many Non-Resident Indians (NRIs) face complex marital issues that require legal resolution in India. One of the most respectful and peaceful ways to end a marriage is through Mutual Consent Divorce, which is recognized under Section 28 of the Special Marriage Act, 1954.

At Legal Light Consulting – LLC Lawyer, we specialize in helping NRIs resolve marital issues swiftly and legally, especially in cases involving cross-border marriages, religious customs, and property settlements.

Case Insight: Muslim Marriage & Mutual Consent Divorce

In a recent case handled by our firm, both parties – husband and wife – were Muslims and had solemnized their marriage in New Delhi under Muslim rites and customs, later registered under the Special Marriage Act.

Here’s a simplified overview of the divorce process and what the mutual consent petition covered:

🔹 Marriage Details & Background

• The marriage took place on ________, with a Meher amount of ₹1,100 paid by the husband (Petitioner No.1), as per Islamic tradition.

• After marriage, the wife (Petitioner No.2) joined the matrimonial home and the marriage was consummated.

• Two children were born from the wedlock – one aged 7 and the other 4 years.

🔹 Grounds for Divorce

• The parties have been living separately since 2006 due to incompatibility of temperament.

• Despite efforts from relatives and well-wishers, reconciliation was not possible.

• Both parties have agreed that the marriage cannot continue and must be dissolved in mutual interest.

🔹 Terms of Settlement

The mutual consent petition clearly outlines the terms of agreement:

1. No Property Claims:
   Petitioner No.2 (wife) agrees not to seek any claims on Petitioner No.1’s (husband’s) self-acquired or ancestral properties.

2. Return of Dowry/Istridhan:
   All dowry items, jewellery, and istridhan have been returned by the husband. The wife confirms that nothing is pending.

3. No Alimony or Maintenance:
   The wife waives all rights to present, past, or future maintenance, alimony, or claim on the husband’s property.

4. Triple Talaq Pronounced:
   As per Muslim personal law, Talaq was pronounced three times in the presence of witnesses in 2006 itself, adding clarity to the marital separation.

Legal Considerations

• The mutual consent was not obtained through fraud, coercion, or pressure.

• There were no previous legal proceedings for annulment or divorce.

• The case is filed in Delhi, where both parties lived and currently reside, making the court jurisdiction valid.

• The petition confirms there is no legal impediment in granting divorce.

Cultural & Legal Harmony

This case reflects the successful integration of religious customs and Indian law. While the couple followed Muslim customs (like Meher and Talaq), they formalized their legal separation through the Special Marriage Act, making the divorce legally valid in India and abroad — crucial for NRI documentation and recognition in foreign jurisdictions.

IN THE COURT OF SENIOR CIVIL JUDGE, DELHI

S.M.A. CASE NO.                   OF 2008

IN THE MATTER OF:-

__________S/o. _____________-

R/o. _________________-New Delhi-110044                                                   

…..   PETITIONER NO.1

                                     AND

MRS.____________D/o._______

R/o. __________New Delhi-110044                   

….     PETITIONER NO.2

PETITION UNDER SECTION  28  OF SPECIAL MARRIAGE ACT, 1954 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:-

1. That the parties to the petition were married on ______–.1999 according to Muslim Rites & Customs (Special Marriage Act) at New Delhi as the petitioner no.1 was a Muslim and the petitioner no.2 was Muslim at the time of marriage and Meher amount was fixed at Rs.1100/- which was paid by the petitioner no.1. Copy of affidavit, residence proof are enclosed.

2. That the status, age and place of residence of the parties to the marriage, before marriage and at the time of filing the present petition are as follows:

HUSBAND/PETITIONER NO.1

WIFE/PETITIONER NO.2

3. That after solemnization of marriage the petitioner no-2 joined the matrimonial home at the residence of petitioner no.1 and the marriage was consummated from the inception of marriage.

4. That two children namely Master ________aged about 7 years and _________aged 4 years were born out of the said wedlock.

5. That it is submitted that the parties have been living separately since _______, 2006 and have not been able to live together as husband and wife due to non compatibility of mind and there is no possibility and probability of the reconciliation between the parties to live together as husband and wife, despite best efforts made by the parties through their well wishers, relatives and friends.

6. That all the efforts of both the parties, their well-wishers, friends have failed owing to vital differences in temperament and total incompatibility between both parties and as such they have mutually agreed that there is no point for continuation of the marital relationship and have further agreed upon for dissolution of their marital ties in the mutual interest of the parties.
7. That it has agreed that petitioner no.2 will not seek any kind of claim from the petitioner no.1 from his properties both self acquired and ancestral.

8. That the petitioner no.1 has already returned all the dowry articles including jewelleries and istridhan to the petitioner no.2. The petitioner no.2 confirm that nothing of her dowry articles/Stridhan/gold ornaments are with the petitioner no.1 or any of his family members. In this manner both the parties confirm that all their claim inter se stand satisfied and settled.

9. That it is submitted that the petitioner no.2 shall hence forth has no claim whatsoever of any kind including maintenance (present, past and future) permanent alimony, istridhan and dowry articles.
10. It is further submitted that the petitioner no.2 has no right, title or interest in the property of petitioner no.1 and his family.

10. That the petitioner no.1 has already pronounced three times Talaq, Talaq & Talaq to the petitioner no.2 in the presence of witnesses in the year 2006 itself.

11. That the mutual consent of the parties has not been obtained by fraud, pressure, influence, coercion etc.

12. That this petition is not by collusion between the parties.

13. That there is no unnecessary improper delay in filing the petition.

14. That there is no legal impediment as to why the relief should not be granted to the petitioners.

15. That there have not been any previous proceedings between the parties for annulment of marriage and/or dissolution of marriage by decree of divorce.

16. That both the parties to the petition after the marriage lived in Delhi and are presently residing at Delhi, hence this Hon’ble Court has jurisdiction to entertain and try the present petition and to grant the relief sought herein.

PRAYER

In the light of the aforesaid facts and circumstances of the case, it is most respectfully prayed that this Hon’ble Court may be pleased To dissolve the marriage between the parties by a decree of divorce by mutual consent

PETITIONER NO.1              

PETITIONER NO.2

                              Through

                                             Counsel

VERIFICATION:-

The above named petitioners state on solemn affirmation that the contents of paras 1 to….. are true and correct to our knowledge and those of paras ……to…… are believed to be true as per information received being legal. Last para is prayer before this Hon’ble Court.

        Verified at Delhi on this______ day of September 2021.

PETITIONER NO.1              

PETITIONER NO.2

How Legal Light Consulting Supports NRI Divorce Cases

At LLC Lawyer, we offer full legal support to NRIs for:

• Mutual consent divorce petitions

• Drafting affidavits and settlement agreements

• Power of Attorney execution (for those residing abroad)

• Remote consultations and document processing

• Child custody, property division, and maintenance settlements

Whether you’re in the USA, UK, Canada, UAE, Australia, or any other part of the world, we help you legally dissolve your marriage in India without needing to travel multiple times.

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Are you an NRI seeking divorce in India peacefully and legally?
Trust Legal Light Consulting – LLC Lawyer for ethical, confidential, and professional representation.

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