If you’re an NRI (Non-Resident Indian) and looking to file for divorce in India or respond to one from abroad, the process can feel complex and overwhelming and will need professional legal guidance to handle this situation that’s where we comes in our law firm provides NRI Divorce Services, Advocate Suresh Gupta, a professional divorce lawyer in delhi with over 5 years of experience handling various NRI divorce cases smoothly.
Can an NRI Get a Divorce in India?
Yes, NRIs can file for divorce in Indian courts under various personal laws such as:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Indian Divorce Act (for Christians)
Muslim Personal Law
The most common scenarios include:
NRI husband or wife living abroad, while the other spouse resides in India
Both parties living abroad but marriage registered in India
Mutual consent divorce between two NRIs with Indian citizenship
Procedure for NRI Divorce in India
Separation of Foreign couples also follows the same divorce procedure as normal indian citize divorce. Here’s how the process usually works:
1. Filing the Divorce Petition
The petition can be filed in your near by family court in India where:
Marriage was registered
Couple last resided together
The Indian resident currently lives
Our divorce lawyer can draft, file, and represent you even in your absence using a power of attorney.
2. Types of Divorce
Mutual Consent Divorce – Easier and quicker (can be completed in 6–12 months)
Contested Divorce – Based on grounds like cruelty, desertion, adultery, etc. (takes longer)
3. Remote Appearance / Video Conferencing
Courts in india now allow video conferencing for NRI parties, especially in mutual consent divorce cases. No need to fly back for every hearing. (Video coneference hearing circustance depends on court it maybe get rejected)
Foreign Divorce Recognition in India
If a divorce was granted by a foreign court, Indian law may not automatically accept it. The Supreme Court of India requires:
Grounds for divorce must align with Indian laws.
Both parties must have had a fair opportunity to be heard.
The foreign court must have proper jurisdiction.
We review and help validate foreign divorce decrees in India and also assist with filing a declaration suit in Indian courts, if needed.
Legal Issues NRIs Face During Divorce
Serving notice to a spouse abroad
Child custody and child abduction risks
Alimony/Maintenance claims
Division of property in India
Passport seizure or lookout circulars
With our deep understanding of international family law and local court procedures, we handle these issues swiftly and professionally.
It’s not easy for foreign residing couples to get divorce in india but always necessary to get divorce in india specially if your marriage is india registered. Always consult your case with professional family lawyer divorce is very complicated procedure don’t hand everything your own let the professionals help you. Contact our lawyer now.