Indian courts can hear divorce, custody and maintenance cases where at least one spouse or the marriage is connected to India. A mutual consent divorce can often be completed with limited travel, as courts permit video appearance in suitable cases. A foreign divorce is recognised in India only if it meets section 13 CPC and is based on a ground available under the law the parties married under. India is not a party to the Hague Child Abduction Convention, so custody is decided on the welfare of the child.
What cross-border family law covers
- Divorce: mutual consent and contested divorce in India, and the effect in India of a divorce granted abroad.
- Child custody: custody, access and relocation where a child has been taken to or kept in India, or one parent lives abroad.
- Maintenance: claims under section 144 BNSS (section 125 CrPC), the Hindu Marriage Act and the Protection of Women from Domestic Violence Act, 2005, and their defence.
- Marriage registration and legalisation of the certificate for spouse visas.
- Matrimonial criminal cases such as cruelty and dowry complaints, including anticipatory bail and travel issues.
- OCI questions that arise on marriage, divorce or a criminal case.
Two countries, two courts
The biggest risk in a cross-border family matter is parallel proceedings. One spouse files in India, the other in the country where they lived, and two inconsistent orders follow. Indian courts look closely at whether a foreign court had jurisdiction and whether the foreign judgment was based on a ground recognised by the law under which the couple married. A divorce granted abroad on a ground unknown to the Hindu Marriage Act, 1955, for example, may not be recognised in India.
For children, India is not a party to the Hague Child Abduction Convention. Indian courts do not automatically return a child to the country of habitual residence. They decide what is best for the child, giving weight to a foreign court's order and to how long the child has lived in India. Speed matters, both for the parent seeking return and for the parent defending the child's stay.
Appearing from abroad and travel risk
Many family courts allow a spouse abroad to appear or record a statement by video conference in suitable cases, and in mutual consent divorces the Supreme Court has held that the six-month waiting period can be waived where the marriage has clearly broken down. A power of attorney holder can handle procedural steps, but personal statements, such as consent to divorce, must come from the spouse.
Where a criminal complaint has been filed by the other spouse, travel to India needs planning. A Look Out Circular or a pending warrant can lead to being stopped at the airport. We check the status of any case and, where appropriate, seek anticipatory bail before you travel.
How we help from the Indian side
We start by mapping both jurisdictions: where each spouse lives, where the marriage was solemnised and registered, where the children live and which proceedings are already pending. That tells us which court in India has jurisdiction, whether an Indian order will be respected abroad and whether a foreign order will hold in India. We then advise on the order in which to file, draft pleadings that are consistent with what has been said in the other country, and keep your overseas lawyer informed. Where settlement is realistic, we help draft terms that can be recorded by the Indian court and recognised in the other country.
Which service do you need?
| Your situation | Service |
|---|---|
| You want a divorce and one or both of you live abroad | Divorce for NRIs |
| Your child has been taken to India, or you want to relocate with a child | International Child Custody |
| You are claiming or defending a maintenance case | Maintenance & Alimony |
| You need a marriage certificate for a spouse visa | Marriage Registration |
| A cruelty or dowry case has been filed against you or your family | 498A & Dowry Case Defence |
| Your OCI card is affected by marriage, divorce or a case | OCI Card Issues |
All cross-border family law services
Divorce for NRIs
Mutual and contested divorce in India, and recognition of foreign divorces.
Learn moreInternational Child Custody
Custody, access and relocation disputes involving India and another country.
Learn moreMaintenance & Alimony
Claims and defences where one spouse lives outside India.
Learn moreMarriage Registration
Registering a marriage in India and legalising the certificate for visas.
Learn more498A & Dowry Case Defence
Anticipatory bail, quashing and travel protection for NRIs in matrimonial cases.
Learn moreOCI Card Issues
Eligibility, renunciation, refusals and property rights of OCI cardholders.
Learn moreFrequently asked questions
Can I get divorced in India without coming to India?
In a mutual consent divorce, many courts allow appearance by video conference in suitable cases, and a power of attorney holder can handle procedural steps. Your consent must still be given personally, and some courts require one appearance.
Is my foreign divorce valid in India?
It depends on section 13 CPC and on whether the foreign court had jurisdiction and decided on a ground available under the law you married under. Divorces by consent of both spouses abroad are more likely to be recognised.
Will an Indian court return my child to the USA or UK?
Not automatically. India is not a Hague Convention party, so the court decides on the child's welfare, considering any foreign order and the time the child has spent in India.
Can my wife claim maintenance in India if I live abroad?
Yes. Indian courts can order maintenance against a spouse living abroad, and the order can be enforced against assets in India or, in some cases, abroad.
Can a 498A case stop me from leaving India?
A pending criminal case can lead to a Look Out Circular or conditions on travel. Taking advice and, where appropriate, anticipatory bail before travel reduces that risk.
Can you work with my lawyer in another country?
Yes. In cross-border cases we coordinate with your overseas lawyer so that positions taken in both countries are consistent.