Frequently Asked Questions

Yes, in most cases. For mutual consent divorce, court appearances are required at specific stages — but these can often be coordinated with planned visits to India. For contested divorce, your lawyer can represent you through a Power of Attorney. You may need to be present for key hearings like recording of evidence, but these can be planned in advance.

Jurisdiction is typically determined by: (1) where the marriage was solemnized in India, (2) where the parties last resided together in India, or (3) where the respondent currently resides in India. In some situations, the petitioner's current place of residence in India may also be considered. Our team assesses the most strategically favourable court for your specific case.

Yes. India applies personal laws based on religion for divorce. Hindus, Sikhs, Jains, and Buddhists are governed by the Hindu Marriage Act, 1955. Christians by the Indian Divorce Act, Muslims by personal law, and Parsis by the Parsi Marriage Act. If you married under the Special Marriage Act or abroad under a civil ceremony, the Special Marriage Act or Foreign Marriage Act may apply. We advise on the precise statute applicable to your marriage.

A foreign divorce decree may be recognised in India under Sections 13 and 14 of the Code of Civil Procedure, 1908 — provided it was passed by a competent court, both parties were properly notified, it was not obtained by fraud, and it does not violate Indian public policy. However, not all foreign decrees are automatically recognised. We advise on the recognition status of foreign decrees and what, if any, additional Indian proceedings are required.

Absolutely. This is in fact one of the most common scenarios in NRI divorce. The petitioner (you, living abroad) can file a divorce petition in the appropriate Indian court, and your lawyer can manage the proceedings in India on your behalf. The respondent (spouse in India) will be served with notice by the court. We handle the entire process remotely on your behalf.

Mutual consent divorce typically takes 6–18 months, including the mandatory 6-month cooling-off period (which can sometimes be waived by the court if the couple has already lived separately for a long period). Contested divorce can take significantly longer — anywhere from 2 to 5 years or more — depending on the complexity of the case, the court's docket, and whether the matter is appealed. We work to resolve matters as efficiently as possible.

Yes. The Supreme Court of India has held in multiple judgments that courts have discretion to waive the 6-month cooling period when both parties have been living separately for an extended period, there is no likelihood of reconciliation, and continuing the wait would only prolong the agony. This is particularly relevant in NRI cases where couples have lived separately for years. We pursue this waiver where appropriate.

No. For most hearings in a contested divorce, your lawyer can appear on your behalf through a vakalatnama (Power of Attorney). You are typically required to be present for critical stages such as recording your statement and cross-examination. For mutual consent divorce, you may need to appear at the time of filing the petition and at the second motion stage. We coordinate scheduling around your availability and travel plans.

Yes. Indian courts can grant maintenance orders against spouses living abroad, and enforcement can be pursued against assets held in India. The court will consider the foreign income of the NRI spouse when determining the quantum of maintenance. We can also advise on international enforcement mechanisms where the spouse's assets are located abroad.

Courts consider factors including: the income and assets of both spouses (including foreign income and overseas assets), the standard of living enjoyed during the marriage, the needs and earning capacity of the recipient spouse, duration of the marriage, custody of children, and the conduct of both parties. We present a comprehensive financial picture to secure a fair and appropriate maintenance order.

Yes. You can file a custody petition in the appropriate Indian court seeking custody of the child. The court will consider the child's best interests as the paramount factor, including the child's age, existing care arrangements, educational needs, and both parents' ability to provide for the child. We can file urgent applications for interim custody where the situation demands immediate action.

This is a serious situation requiring immediate legal action. We can file a Habeas Corpus petition in the High Court seeking the return of the child, or a custody petition in the Family Court for interim custody. While India is not a signatory to the Hague Convention on International Child Abduction, Indian courts are increasingly guided by its principles. Time is critical — contact us immediately.

Simply fill out our online consultation form or book a video call. During the initial consultation, we will understand your situation, explain the applicable law, advise on your options, and outline the next steps. All of this can be done without you needing to travel to India. We will guide you on what documents to gather and how to proceed from there.

We understand that NRIs in different time zones may not be available during standard Indian business hours. We make efforts to accommodate clients in different time zones — please indicate your preferred time zone when booking your consultation and we will do our best to schedule at a mutually convenient time.