Comprehensive Guide on Divorce For NRI’s in India

So if you’re an NRI (Non-Residential Indian) contemplating divorce. I get it, stuff happens. But the big question here is “Does India recognize divorces granted in another country?” In this blog Let’s explore Divorce for NRI in India.

Can an Indian Marriage Be Divorced in Another Country?

Yes, The divorce petition can be filed and resolved outside India, even if the marriage occurred within the country. Under Section 13 of the Civil Procedure Code (CPC), foreign judgments hold validity and conclusiveness in India, typically adhering to this principle. However, there are exceptions where certain foreign judgments might not be acknowledged within India.

Indian law does recognize divorces granted outside the territory, but only if they’re mutual. But still, if your spouse contests the divorce, then your foreign decree might not hold up in an Indian court. So, if you’re planning to get divorced in another country, make sure it’s a team decision.

Process of Divorce for NRIs in India

 Process of Divorce for NRIs in India Jurisdiction Determination
The process of divorce for NRI in India typically involves the following steps:
Jurisdiction Determination

Establish the appropriate jurisdiction for filing the divorce petition based on factors like the place of marriage, current residence, or location of the spouse.

Grounds for Divorce

Identify and confirm valid grounds for divorce recognized under Indian law, such as cruelty, desertion, adultery, or mutual consent.

Hiring Legal Representation

Engage a divorce lawyer experienced in handling international divorce cases to represent and guide through the legal proceedings

Filing the Petition
File the divorce petition in the appropriate family court in India, providing necessary documents and supporting evidence.
Service of Notice
Serve the notice of the divorce petition to the spouse residing abroad, adhering to legal procedures for international service.
Court Hearings
Attend court hearings as required and present arguments and evidence supporting the divorce claim.
Settlement or Trial
Pursue either a settlement through negotiations or mediation or proceed to a trial if the divorce terms cannot be agreed upon.
Decree of Divorce

Obtain the final decree of divorce from the court, legally terminating the marital relationship.

Post-Divorce Proceedings
Address post-divorce matters such as asset division, alimony, child custody, and visitation rights, if applicable.
International Recognition
Ensure the recognition and enforcement of the Indian divorce decree in the respective country where the NRI resides, if necessary, through legal procedures

What are the rules for divorce for NRIs in India?

 3 Rules for NRI Divorce in India<br />
The rules for divorce for NRIs (Non-Resident Indians) in India involve:
  1. Filing a divorce petition with the court is mandatory for the involved parties.

2 .Prior agreement on child custody and the maintenance amount is necessary before petition submission.

3. The case adjourned for six months following the initial plea presentation, termed the first motion.

4. Post this duration, both parties must attend court to affirm their mutual divorce, finalizing the process.

5. Any party has the option to withdraw or revoke the divorce petition within six months before the second motion.

How long is the process of mutual divorce for NRI in India?

The duration of mutual divorce for NRIs (Non-Resident Indians) in India varies but typically takes around 6 to 18 months. Factors influencing the timeline such as court proceedings, mutual agreement settlement, document submission, and any complexities within the case. However, this timeframe may fluctuate based on the specific circumstances, court workload, and procedural requirements during the divorce process.

Can a NRI file for contested divorce in India?

Yes, an NRI (Non-Resident Indian) can file for a contested divorce in India. However, the process varies in duration and complexity, typically spanning from 1 to 3 years or more. The length of a divorce for NRI can depend on several things, like how many times you’ve got to go to court, what evidence comes up if you have a lawyer, and just how tangled the whole situation is. Contested divorces involve court proceedings where disagreements on grounds like cruelty, adultery, or desertion are contested and adjudicated upon by the court

Looking for Details on Divorce for NRI? Contact M&M Law Partners

Navigating through the treacherous waters of divorce can feel like trying to salsa dance on roller skates. If the journey through divorce is overwhelming, remember it’s okay to struggle. This is where the star M&M Law Partners comes into the picture.

At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in Divorce For NRI’s in India. Their experience in NRI divorces is as vast as the Pacific, and they’ll steer you safely through this test. A life preserver in the wild sea of divorce, if you will.


1. How can I get a divorce in India while living abroad?

To get a divorce in India while residing abroad, you can appoint a lawyer to represent you in court proceedings. You’ll need to fulfill legal requirements, file a petition, and participate in the legal process through your appointed representative.

2. Do I have to pay my wife after divorce in India?

Post-divorce, financial support might be required based on factors like alimony, child support, or settlement agreements decided upon during the divorce proceedings, as per Indian laws.

3. Can I get a divorce in India while living abroad?

Yes, you can initiate divorce proceedings in India while residing abroad. Even if you’re oceans apart, securing a lawyer back home to handle your court proceedings is key.

4. Can you get a divorce without the other person signing in India?

Yes, it is possible to obtain a divorce without the other person’s consent in India by proving valid grounds for divorce recognized under Indian law, even if the spouse doesn’t participate in the legal process.

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