Many NRIs marry in India and later live in the USA, Canada, the UK, the Gulf or Australia. When the marriage breaks down, there can be cases in two countries at once. A well-planned approach protects your rights and saves time and money.
Where can the case be filed?
Under Section 19 of the Hindu Marriage Act, a petition can be filed in a court within whose area the marriage was solemnised, the spouses last lived together, the respondent lives, or, in some circumstances, where the petitioner lives. The right place depends on the facts, so we examine the options before filing.
Can you do it from abroad?
- Power of attorney: you can authorise your advocate to act for you, with the document attested for use in India.
- Video hearings: many courts allow appearance by video, subject to the judge’s permission and the circumstances.
- Short visits: some steps, such as recording statements in a mutual consent case, may need you to appear once, and we plan this around your leave.
Documents to arrange
- Passport, visa, residence permit and identity proofs of both spouses
- Marriage certificate, wedding photographs and any foreign marriage records
- Addresses in India and abroad, with proofs
- Messages, emails and bank records relevant to the dispute
- Birth certificates and school records of children
What if a case is already filed abroad?
A parallel case in another country does not automatically end an Indian case. Courts look at jurisdiction, the law under which you married and whether an order would be recognised. Do not ignore notices from either country, and speak to us before filing or replying.
Common mistakes
- Signing consent papers abroad without Indian legal advice
- Ignoring an Indian court notice, which can lead to one-sided orders
- Assuming a foreign decree will automatically be accepted in India
- Travelling to India without knowing whether a criminal complaint exists
See our NRI divorce lawyer page and our article on whether a foreign divorce is valid in India.
Please note: This article gives general information and is not legal advice. Every case depends on its own facts, so please consult an advocate before acting.