Divorce done by anyone be it rich or poor, irrespective of any age is a very tedious, tiresome, emotionally, mentally, physically and economically painful process. It causes huge pain to the already emotionally unstable couple. In our nation, India, today there are many numbers of trans – continental couples that are the NRIs (Non – residents of India). For these NRIs, the procedures for the process of divorce are extra complex and confusing. When cases with respect to Joint properties are involved then it becomes extra time consuming and hard. To solve these types of cases the best NRI advocate must be hired. Adv. Bindu Dubey is one of the finest NRI lawyers in Mumbai who has the knowledge for helping any NRI couple with their property problem. She will handle all the paperwork and will advise the client after analysing the case and bringing out the issues.
Various questions will come up in the minds of the NRI couples. The first basic and most important question is the question of Jurisdiction.
It is in the authority and power of the courts and magistrate to bestow any valid order with respect to the jurisdiction. Instances with respect to marriages and the divorce in it, the jurisdiction resides on the location where the said marriage happened. It is also done with respect to the jurisdiction of where one of the spouses reside and the religion of the couple is also taken into consideration. This is because, this makes it clearer as to which Act (majorly Special Marriage Act) was used during marriage. In very ‘out of the ordinary’ or unexpected instances the India courts permit the Non residents to apply for divorce in their residence nation, and this will be done only if all the said Indian legal proceedings and procedures are followed properly during divorce and separating the joint property. Here, in these situations the consent of the both the involved spouses is mandatory.
WAYS TO DEAL WITH THE JOINT PROPERTY CASES:
If the spouses cannot come into agreement with any options as mentioned then the power will reside on the court to decide the property dispute. The court has full authority to look into the case and divide or give the property to one spouse as it might not be as useful for a non – resident of India to own a property in India as much as how it might benefit the resident of India spouse. But by legal terms the court will look into the benefactions and allowances that has been invested by both the spouses to purchase the Join property. After assessing these factors, the court will deliver their verdict accordingly. To analyse better and understand better the Non – resident of India spouse will have to consult the best lawyer. Adv. Bindu Dubey is one of the finest NRI property lawyer in Mumbai and she can be consulted for any issues regarding this joint property during divorce.
