NRI Divorce Lawyer
Can an NRI file for divorce in India?
Often yes, depending on where the marriage took place, where the spouses last lived together, and where the respondent resides. Section 19 of the Hindu Marriage Act deals with the court having jurisdiction.
Cross-border issues
- Whether Indian courts or a foreign court is the proper forum.
- Whether a foreign divorce decree will be recognised in India (see Section 13 of the Code of Civil Procedure).
- Service of notice abroad and appearance by video conferencing with the court’s permission.
- Custody, maintenance and property across jurisdictions.
Documents
Typically passports, marriage certificate, proof of residence, and any foreign court orders. Documents executed abroad may need attestation or apostille.
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