Filing in India
A petition can be filed in Delhi if a jurisdiction ground applies, such as the marriage having been solemnised here or the respondent living here. Courts have allowed parties abroad to appear by video-conferencing in suitable cases, and a family member may sometimes assist through a power of attorney for limited purposes.
Foreign divorce decrees
A decree passed by a foreign court is not automatically recognised in India. Under section 13 of the Code of Civil Procedure and Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), recognition generally requires that the foreign court had jurisdiction on a basis Indian matrimonial law accepts, the ground is available under the law the parties married under, and the respondent genuinely participated or consented. Relying on a foreign decree that India does not recognise can cause problems when you remarry.
Mutual consent divorce from abroad
Couples living in different countries can file a mutual consent petition in India. Planning the two motions around travel, or seeking permission for video appearance, is the main practical issue.
Connected issues
Maintenance, custody of children abroad and assets in two countries are often involved. See NRI child custody.
Related pages
Frequently Asked Questions
Is my US or UK divorce valid in India?
Can I divorce without travelling to India?
Can my spouse abroad be served notice?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.