Legal Question in Family Law in India

I am holding an Indian Passport and I am a Resident of a Foreign Country (Domicile). I did (Cultural as well as Registered) marriage to my spouse in India, who is also holding an Indian Passport. I then sponsored him for the work permit under spouse category for the country I domicile. Now we are separated and I want to file for a divorce.

At the moment, myself as well as my spouse are living in my domicile country outside India.

Can we file for a Divorce for India from the country we are living at present? If yes, how?

Or we both need to be in India to file for Divorce?


Asked on 8/18/09, 8:08 pm

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

if you are planning to file divorce by mutual consent then you can file the case through the power of attorney but on teh later dates both your presence will be required

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Answered on 8/19/09, 12:11 am
Prabhat Shroff Shroff & Company

You will have to file for divorce in an Indian court having jurisdiction over the place where you were married. A foreign decree of divorce is not valid in india, unless ratified by the Indian Court.

You can file for divorce even while you are in a foreign country through your advocate; however, the petition etc will have to be signed by you.

Your presence is required only at the time of final hearing of the petition.

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Answered on 8/19/09, 1:04 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i agree with the advice given by ld counsels to the extent that the divorce can be filed through power of attorney but the courts decline to accept the power of attorney on behalf of both the spouse and one of the spouse has to be present in the court at the time of recording of statement and the other spouse may be represented through a power of attorney. yes, the divorce can be granted by indian courts as the marriage was solemnized here.

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Answered on 8/19/09, 1:45 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may file for mutual divorce in the country where you are residing at present.

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Answered on 8/20/09, 12:20 pm


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