In short: a couple married under Indian law can divorce in India even while living abroad; mutual divorce can often proceed with video appearance. A divorce granted by a foreign court is recognised in India only if it was granted on a ground available under the law the couple married under, by a court with proper jurisdiction, with the other spouse heard. India is not a party to the Hague Convention on child abduction, so custody disputes are decided on the welfare of the child.
Divorce in India while living abroad
- File in the family court where you married, last lived together, or where the other spouse lives.
- Mutual consent divorce: both sign the petition (the spouse abroad through the embassy or with an apostille) and appear by video where the court allows. See mutual divorce.
- Contested divorce: a power of attorney holder can help with the case, but your own evidence is normally given by you, sometimes by video.
Is a foreign divorce valid in India?
Under Section 13 of the Code of Civil Procedure and the Supreme Court's ruling in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), a foreign divorce decree for a marriage under Indian law is recognised only if:
- the ground is one available under the Indian law the parties married under (for example, "irretrievable breakdown" alone is not a ground under the Hindu Marriage Act);
- the foreign court had jurisdiction because the respondent lived there or submitted to it voluntarily; and
- the other spouse had a real opportunity to contest.
A mutual-consent foreign divorce, or one the other spouse genuinely contested, is usually safe. A one-sided decree may not be, which matters for remarriage and property.
Maintenance and protection
A wife in India can claim maintenance from a husband abroad, and Indian courts can attach his assets in India or take steps over his passport for non-compliance. The National Commission for Women has a cell for complaints against NRI spouses.
Child custody across countries
Indian courts decide custody on the welfare of the child, considering an existing foreign court order but not bound by it (Nithya Anand Raghavan, 2017). A parent can seek custody or visitation in India, or a High Court habeas corpus where a child is wrongly kept.
Questions people ask
Is a US or UK divorce valid in India?
It is valid if it was granted on a ground available under the Indian marriage law, by a court where the respondent lived or which they accepted, after they had a fair chance to contest. Mutual-consent decrees are usually recognised.
Can NRIs get a mutual divorce in India without coming?
Often yes. The petition is signed abroad, and many family courts allow appearance by video, sometimes with the six-month waiting period waived.
Can my spouse take our child abroad without consent?
You can ask an Indian court to restrain travel or for custody, and a High Court can be approached by habeas corpus. India is not part of the Hague Abduction Convention, so courts decide on the child's welfare.
Can a wife in India claim maintenance from an NRI husband?
Yes, under BNSS Section 144 or personal law. Courts can enforce orders through his assets in India and other measures.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.