Can a foreign worker file a divorce case in India?
Yes, a person working abroad can file a divorce case in India under certain circumstances. Jurisdiction to file a divorce case under the Divorce Act in India depends on the place where the marriage was solemnized or where both the spouses last lived.
A foreign worker can file a divorce case in India if the marriage was solemnized or the couple last lived together in India.
However, if the marriage was arranged or the couple lived together outside India, an Indian lawyer may need to be consulted to determine the Indian divorce laws and the jurisdiction of the Indian courts.
It is important to note that filing a divorce case in India while working abroad may involve some practical challenges such as appearing in court for hearings. Therefore, it is advisable to consult a lawyer who can guide you through the legal procedures and provide appropriate advice based on your particular situation.
What documents are required to file a divorce case in India?
The following documents are generally required to file a divorce case in India :
Marriage Certificate :
A copy of the marriage certificate is necessary to confirm the validity of the marriage. If a marriage certificate is not available, other evidence of marriage such as wedding photographs, invitations or affidavits from witnesses may be accepted.
Address Proof :
Any official document containing the residential address of both husband and wife is usually required. This includes Passport, Aadhaar Card, Voter ID Card or Utility Bill.
Proof of Identity :
Documents like Passport, Aadhaar Card, PAN Card or Driving License may be required to establish the identity of both parties.
Photographs :
Recent passport size photographs of husband and wife are usually required for court records.
Proof of Income :
Documents supporting the income and financial status of both parties may be required. This may include payslips, income tax returns, bank statements or property documents.
Information about children :
If the couple has children, relevant details such as their birth certificates, custody agreements or other documents relating to their welfare may be required.
These documents may vary depending on the specific circumstances of the case and the requirements of the court.
