Which law governs an NRI divorce?
The law that applies depends on how the marriage was solemnised, not on where the spouses now live. If two Hindus married in India according to Hindu rites, the Hindu Marriage Act, 1955 continues to govern their marriage even if both later move to another country. A marriage under the Special Marriage Act, 1954, or a marriage abroad under the Foreign Marriage Act, 1969, is governed by those laws. See our pages on contested divorce and Special Marriage Act divorce for the grounds available.
Can an Indian court hear the case?
Under Section 19 of the Hindu Marriage Act, an Indian court has jurisdiction if the case falls within its local limits because:
- the marriage was solemnised there;
- the respondent resides there at the time of filing;
- the parties last resided together there;
- the wife, where she is the petitioner, is residing there on the date of filing; or
- the petitioner resides there, where the respondent is residing outside the territories to which the Act extends, or has not been heard of as being alive for seven years.
The last clause is important for NRI cases: where the respondent lives abroad, a petitioner living in Delhi NCR can ordinarily file in the local Family Court. Section 31 of the Special Marriage Act contains similar provisions.
Recognition of foreign divorce decrees
Sometimes a spouse obtains a divorce abroad, for example in the United States, Canada, the United Kingdom or Australia. Whether that decree will be treated as valid in India is governed by Section 13 of the Code of Civil Procedure, 1908. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), the Supreme Court held that a foreign matrimonial judgment will generally be recognised only if:
- the foreign court’s jurisdiction and the ground on which relief was granted are in accordance with the matrimonial law under which the parties married; or
- the respondent voluntarily and effectively submitted to the jurisdiction of the foreign court and contested the case on a ground available under that law; or
- the respondent consented to the grant of relief, even though the foreign court’s jurisdiction would not otherwise be in accordance with the matrimonial law of the parties.
Mere residence for the purpose of obtaining a divorce, or a decree obtained on a ground not available under Indian law (such as “irreconcilable differences” in a contested case where the other spouse did not participate), may not be recognised. The consequences can be serious: a second marriage on the strength of an unrecognised decree may be challenged. Anyone who holds, or has been served with, a foreign decree should take specific advice.
Mutual consent divorce for NRIs
A mutual consent divorce under Section 13B of the Hindu Marriage Act is often the most practical route when both spouses agree, even if one or both live abroad. Practical features include:
- Video conferencing. Courts have, in suitable cases, allowed a spouse abroad to join proceedings and record statements by video. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court noted that video conferencing may be used where a party cannot be physically present. Practice differs between courts and judges.
- Power of attorney. A relative or other trusted person can be appointed by special power of attorney to handle procedural steps. Courts generally still require the spouse’s own consent to be verified, whether in person or by video.
- Waiver of the six-month period. Where the spouses have been living separately for at least eighteen months and all issues are settled, the court may waive the waiting period, which can reduce the number of trips needed.
- Settlement terms. Payment of alimony across borders, transfer of assets in India, and future visitation for children who live abroad should be spelt out clearly in the settlement.
Contested NRI divorce
In a contested case, the respondent abroad must be served with summons. Service outside India is effected under the Code of Civil Procedure and, where applicable, the Hague Service Convention, to which India is a party, or through diplomatic channels. Courts may also permit service by email or other electronic means in suitable cases. If the respondent does not appear despite service, the court may proceed ex parte, although the petitioner must still prove the ground for divorce.
Maintenance and property across borders
Indian courts can order maintenance against a spouse living abroad, and the income earned abroad is taken into account. Enforcement can be harder when the paying spouse has no assets in India, so the settlement structure, security for payment, and assets held in India matter. Our alimony and maintenance page explains how amounts are assessed.
Children in NRI divorces
International custody disputes are among the most sensitive cases. India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. Indian courts decide these disputes on the welfare of the child and are not bound to return a child merely because a foreign court has passed an order, as the Supreme Court held in Nithya Anand Raghavan v. State (NCT of Delhi) (2017). The foreign order is, however, a relevant factor. Our child custody page has more detail.
Support available to women in NRI marriages
The National Commission for Women has an NRI Cell that receives complaints from women facing desertion or other difficulties in marriages with non-resident Indians, and the Ministry of External Affairs and Indian missions abroad offer assistance in certain situations. These are in addition to the remedies available in court.
Documents NRIs should keep ready
- Marriage certificate, and wedding photographs or invitation card.
- Passports, visas and residence permits of both spouses, with travel history where relevant.
- Proof of current overseas address.
- Any foreign court papers, including petitions, orders and decrees.
- Income proof from the country of residence, such as pay statements and tax returns.
- A draft special power of attorney, if someone in India will act on your behalf.
If your spouse is in Delhi NCR, see our location pages for Delhi, Gurugram and Noida for details of the local Family Courts. More answers are on our divorce FAQ page.
Last reviewed: September 2026. This page is general information about the law and is not legal advice. Laws, rules and court practice change; please take advice on your specific facts.