An Indian couple married under Indian law can seek divorce in the Indian family court where they married, last lived together or where the wife lives. Mutual consent divorce under section 13B of the Hindu Marriage Act needs a joint petition after a year of separation, and courts can waive the six-month cooling period. Contested cases take longer, but many courts allow hearings and evidence by video.
- Document route
- Maldivian notary, Ministry of Foreign Affairs attestation, then Indian High Commission attestation
- Time difference
- IST is 30 minutes ahead of the Maldives all year
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Maldives: how it works
For mutual consent, we draft the settlement covering maintenance, alimony, return of jewellery and custody, file the joint petition, and request exemption from personal appearance or a video appearance for the spouse in the Maldives. For contested cases, we prepare the petition on the grounds available, such as cruelty or desertion, and advise on interim maintenance and custody.
We also advise on related matters, such as defending a maintenance claim, dealing with complaints under the new criminal laws, and recognising any decree abroad. A divorce obtained in the Maldives may not be recognised in India for a Hindu marriage, so we usually recommend proceeding in India.
What clients in Maldives should know
- Keep records of your income and expenses; courts decide maintenance on evidence.
- Mutual consent is usually much faster and cheaper than a contested case.
- Plan one trip to India for the final statement if the court will not allow video.
Step by step from Maldives
Video consultation
A call at a time that suits Maldives, after we have read your documents.
Documents signed in Maldives
Maldivian notary, Ministry of Foreign Affairs attestation, then Indian High Commission 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 Maldives where needed.
The full guide
This page covers what changes when you are in Maldives. 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 Maldives and the Cross-Border Family Law practice area.
Questions from clients in Maldives
Can we get a mutual consent divorce without both of us in India?
Often yes, with exemption or video appearance, but some courts insist on one personal appearance.
Is a divorce from a Maldivian court valid in India?
For a marriage under Indian personal law, often not; we usually advise a divorce in India.
How long does a contested divorce take?
Usually several years, though settlement can end it sooner.