A couple married in India can divorce in India by mutual consent under section 13B of the Hindu Marriage Act or through a contested petition on grounds such as cruelty or desertion. A spouse in Italy can usually participate through a power of attorney and video appearance. An Italian divorce is recognised in India only where it rests on a ground available under the law of the marriage and the other spouse submitted to the Italian court.
- Document route
- Notaio plus apostille from the Procura, or Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Italy: how it works
For mutual consent, both spouses sign the petition and settlement terms on maintenance, return of stridhan, custody and property. The spouse in Italy can sign before a notaio with an apostille or at the Indian mission, and many family courts allow appearance by video for the statements, though some insist on personal presence at least once. The six-month waiting period between the first and second motions can be waived by the court in suitable cases, following the Supreme Court's decision in Amardeep Singh. A clear, final settlement avoids later criminal complaints or maintenance claims.
In contested cases the procedure is longer. The spouse in India may file maintenance claims under section 144 of the BNSS (formerly section 125 CrPC) or a domestic violence complaint, and may file criminal complaints that affect the spouse in Italy. If the Italian spouse has begun separation or divorce in Italy, we compare the two routes: an Italian decree may need a fresh Indian petition to be safe for remarriage and property in India. We advise on jurisdiction, defence and settlement strategy with your Italian lawyer where needed.
What clients in Italy should know
- Italian divorce often involves a separation period first; an Indian mutual consent divorce can sometimes conclude earlier, which matters to people planning to remarry in Italy.
- Maintenance orders from Indian courts can be enforced against Indian assets and salaries, but recovery from income in Italy is far harder, which shapes settlement negotiations.
- Custody of children living in Italy is primarily for the Italian courts, and India's non-membership of the Hague Child Abduction Convention makes cross-border removal disputes complex.
Step by step from Italy
Video consultation
A call at a time that suits Italy, after we have read your documents.
Documents signed in Italy
Notaio plus apostille from the Procura, or Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Italy where needed.
The full guide
This page covers what changes when you are in Italy. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Italy and the Cross-Border Family Law practice area.
Questions from clients in Italy
Can I get a divorce in India without leaving Italy?
Often yes, especially by mutual consent, through a power of attorney and video appearances where the family court permits. Some courts require at least one personal appearance.
My wife is in Punjab and will not agree. Can I divorce in Italy?
You can, but recognition in India depends on the ground and her participation. A one-sided foreign decree may not protect you in India, so take advice first.
Will an Indian divorce be accepted by the Comune in Italy?
Generally yes, once the decree is apostilled by the Ministry of External Affairs and translated, though the Comune may check the decree under Italian rules before recording it.