Mutual consent from abroad
A joint petition can often be handled with a power of attorney and, where the court allows, appearance by video conference.
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Divorce is harder when one or both spouses live in another country. We handle the Indian side of your case: the right court, notice abroad, video appearance, foreign decrees, custody and settlement, with clear updates in your time zone.
NRI divorce cases have more moving parts than a domestic divorce. Which court has the power to decide? Will a divorce granted in New York, Toronto or London be accepted in India? Who decides where the children live? How is a spouse served who lives in another continent? A wrong step at the start can cost you months, or even leave you without a valid divorce in one of the two countries.
Our advice begins with these questions. Before anything is filed, we help you decide where to file, under which law and on what terms, so that the order you obtain is accepted in both countries.
Tap the country where you live or work to see its local time beside Indian time, choose a comfortable hour, and send us your matter on WhatsApp or by email. We reply the same day.
An Indian family court can usually hear a divorce petition where the marriage took place in India, where the couple last lived together in India, or where the respondent lives in India. A foreign court may also have jurisdiction. Which court is right affects cost, time and whether the order will be accepted in the other country, so we advise on this before you file anywhere.
Indian law also treats a divorce obtained abroad with care. Under Section 13 of the Code of Civil Procedure and the Supreme Court judgment in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), a foreign decree is recognised only if, among other conditions, the foreign court had proper jurisdiction, decided the case on its merits and applied a ground that the Hindu Marriage Act would also accept. A decree obtained in the absence of one spouse who never submitted to that court may not be accepted. We help you avoid that risk.
A joint petition can often be handled with a power of attorney and, where the court allows, appearance by video conference.
We arrange service of summons through the correct channels so the case is not delayed or challenged.
We advise whether your foreign decree will be recognised in India, and what to do if it will not.
Custody, visitation and travel arrangements, under Indian guardianship law. India is not a party to the Hague Child Abduction Convention, so cross-border custody is decided by the courts.
Claims and settlements covering alimony, stridhan, jewellery and property in India and abroad.
Support for a spouse left behind in India by an NRI partner: summons, maintenance, protection orders and recovery of belongings.
The Indian process is the same wherever you live, but the practical details change with your time zone, your local paperwork and your travel limits.
Many Indians in the USA marry, separate or file for divorce across two legal systems. A US decree is not automatically accepted in India, so we advise on the Indian side before you file or sign anything, and we work alongside your local US attorney.
For Indian families in Toronto, Vancouver, Calgary and elsewhere: divorce, custody and settlement terms that also hold up in India, with video consultations that fit Canadian time zones.
Indian-origin couples in the UK often need a marriage registered, a divorce recognised or a custody dispute handled in India as well. We prepare the Indian petition and the attested papers.
Indians working in Dubai, Abu Dhabi, Qatar, Kuwait or Oman can start a matter from the Gulf by video call, with documents signed before the Indian embassy or a notary and attested as needed.
The time difference is long, so we plan calls in your evening or morning. We handle the Indian court work, service of notice and settlement drafting.
From Singapore, Germany, France or Switzerland: marriage registration in India, mutual consent divorce and family disputes with one point of contact in Delhi.
We handle Indian law and Indian courts. For proceedings in another country you will also need a local attorney there, and we are glad to coordinate with them.
A clear sequence, with updates after every step.
We review your facts over a call and confirm the right court and law.
We prepare the petition, power of attorney and affidavits, and tell you how to sign and attest them abroad.
We file in India and arrange service on the other side, wherever they live.
We appear for you, and where allowed you join hearings by video until the decree.
Papers signed outside India must be accepted by an Indian court. In practice this means one of three routes, depending on the country:
We give you a short checklist for your country, so you do not have to redo anything.
Not always. Indian law recognises a foreign decree only when it meets conditions such as the court having proper jurisdiction and the case being decided on the merits. A decree obtained without the other spouse taking part may not be accepted, so check with us first.
Not always. Many steps can be done through a power of attorney and video conferencing, if the court permits. Some hearings may need a personal appearance.
Yes. A joint mutual consent petition is possible, with documents signed and attested abroad.
Tell us immediately. We can advise on custody petitions and the options available to bring the matter before the right court.
Do not ignore the papers. Send them to us. Depending on the country, there are deadlines to respond. We advise on whether to contest jurisdiction, file in India or settle.
A divorce does not by itself end your OCI or your Indian passport. Some rules depend on your own immigration status, so we suggest you also check with your immigration advisor.
We are in India (IST), and we schedule calls to suit you. Use the time desk above to see the time in your country and in India.
Send your details, country and time zone. Related: Mutual Consent Divorce and Contested Divorce.
Call, message on WhatsApp or send the enquiry form. We will get back to you.