Divorce in India when you or your spouse live abroad
NRI and Cross-Border Divorce Lawyers in Bengaluru
If you live in the US, UK, Canada, Australia, the UAE and the Gulf, Singapore or Europe, and your marriage took place in India or under Indian law, we can help with divorce in India. We also handle custody, maintenance and questions about foreign divorce decrees. Most of the work can be done while you stay abroad.
Overview
Your marriage law decides your divorce
In India, divorce depends on the law under which you married. Hindus, Buddhists, Jains and Sikhs usually follow the Hindu Marriage Act, 1955. Civil and inter-faith marriages follow the Special Marriage Act, 1954. Marriages registered abroad under the Foreign Marriage Act, 1969 are generally dealt with under the Special Marriage Act. Christian, Muslim and Parsi marriages have their own laws.
A divorce granted by a court outside India does not always end the marriage under Indian law. So many people living abroad choose to file in India, or check first whether their foreign decree will be recognised here.
What we handle
Our work in cross-border divorce
We appear before the Family Courts in Bengaluru and the High Court of Karnataka.
Mutual consent divorce from abroad
- Joint petition under Section 13B, Hindu Marriage Act, 1955 or Section 28, Special Marriage Act, 1954
- Settlement terms: alimony, stridhan, property and children
- Requests to waive the six-month waiting period
- Requests to appear by video conference
Contested divorce
- Filing a divorce petition in Bengaluru when your spouse lives abroad, or when you do
- Defending a divorce petition filed against you
- Service of court notice on a spouse living outside India
- Evidence by video conference where the court allows
Foreign divorce decrees
- Advice on whether a US, UK, Canadian, Australian, UAE or other foreign decree is valid in India
- Suits for a declaration on marital status
- A fresh divorce petition in India where it is safer
- Questions before remarriage or a visa application
Children across borders
- Custody and visitation petitions under the Guardians and Wards Act, 1890
- Virtual visitation for a parent abroad
- Cases where a child has been brought to India by one parent
- Consent for a child’s travel and passport
Maintenance and alimony
- Interim maintenance (Section 24) and permanent alimony (Section 25), Hindu Marriage Act, 1955
- Maintenance under Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125, CrPC)
- Cases under the Protection of Women from Domestic Violence Act, 2005
- Claims against a spouse living abroad
Documents from abroad
- Power of attorney for filing steps in India
- Affidavits signed before an Indian embassy or consulate, or apostilled abroad
- Marriage certificates and records from India
- Settlement agreements
How we work across time zones
How a divorce from abroad usually runs
Confidential video call
We meet by video call at a time that suits your country. You tell us about the marriage, the separation and what you want.
Law and court
We check which law applies, which court in India can hear the case and whether any foreign decree already exists.
Papers and filing
We draft the petition and affidavits. You sign them abroad as we guide you. A power of attorney holder can help with filing steps.
Hearings and updates
We appear at every hearing. Where the court allows, you join by video. We send you a short update after each hearing.
Good to know
Things to know before you start
Which court can hear the case
Under Section 19 of the Hindu Marriage Act, 1955, a petition can be filed where the marriage took place, where the other spouse lives, or where you last lived together. Other places may also apply, for example where the wife lives when she files.
A foreign decree may not be enough
Indian courts test a foreign divorce decree under Section 13 of the Code of Civil Procedure, 1908. A decree that does not meet this test may not be recognised in India.
You may still need to appear once
Courts often want to hear both spouses personally in a mutual consent divorce. Many courts allow this by video conference, but it is the judge’s decision.
Be ready to disclose income
In maintenance cases, both spouses must file an affidavit of their income, assets and liabilities, as directed by the Supreme Court in Rajnesh v. Neha (2020). Foreign income counts.
Common questions
Divorce questions from people living abroad
Can I file for divorce in India while living in the USA, UK or Canada?
Yes, if a court in India has jurisdiction. Under Section 19 of the Hindu Marriage Act, 1955, this includes the place where the marriage took place, where your spouse lives and where you last lived together. You can sign the papers abroad and send them to India. Your advocate files them and appears for you.
Do I have to travel to India for my divorce?
Not always. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court said the six-month waiting period for mutual consent divorce can be waived in suitable cases, and that a party may join by video conference. Each Family Court decides this on the facts. We plan for the fewest possible visits and tell you early if you are likely to be needed in person.
Is a divorce from the USA, UK, Canada or UAE valid in India?
Not always. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), the Supreme Court held that a foreign divorce decree is normally recognised only if it is based on a ground available under the law under which the couple married, and the court had proper jurisdiction. A decree where both spouses took part and agreed is more likely to be recognised. We can check your decree and advise whether a fresh petition in India is safer.
My spouse lives abroad and does not respond. Can the case go on?
Yes. The court must first be satisfied that notice was properly served. If your spouse is served and still does not appear, the court can proceed without them (ex parte). We help arrange service of notice abroad in the manner the court directs.
Can maintenance be ordered against a spouse living abroad?
Yes. An Indian court can order maintenance even if the spouse lives and earns abroad. Enforcing that order in another country depends on that country’s law, so we plan for enforcement early.
General information only, not legal advice. Every case turns on its own facts and papers.
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Contact Base Legal
Phone +91 63660 42792 or +91 81974 06465 · contact@baselegal.in · Monday to Saturday, 9:00 AM to 8:00 PM