Divorce and Family Law for Foreign Nationals Married in India

Getting married in India is a legally binding process—and so is divorce. For foreign nationals who have married Indian citizens or other foreigners under Indian law, it’s essential to understand the legal framework around separation, divorce, and custody.

1. What Law Applies?

India has multiple personal laws depending on religion and registration. Marriages may be governed under:

• Special Marriage Act, 1954 (civil/secular marriages)
• Hindu Marriage Act (if both spouses are Hindu)
• Muslim, Christian, or Parsi personal laws (depending on faith)

If the marriage was registered under the Special Marriage Act, divorce proceedings will be civil and uniform for all parties.

2. Can a Foreigner File for Divorce in India?

Yes, if one spouse resides in India or if the marriage was solemnized here. Courts in India will take jurisdiction in such cases. You may need to appear in person or through a legal representative.

3. Grounds for Divorce

Common legal grounds include:

• Cruelty or abuse
• Desertion for 2+ years
• Mutual consent (simpler and faster)
• Adultery or mental illness (under specific conditions)

4. Child Custody and Visitation Rights

Indian courts decide custody based on the child’s best interest, not nationality. However, foreign parents may need court permission to take the child outside India.

Custody can be:

• Physical (residing with one parent)
• Joint/shared custody
• Visitation rights for non-custodial parent

5. Alimony and Maintenance

The court may order alimony depending on income, lifestyle, and financial need. Even foreign spouses can be ordered to pay or entitled to receive maintenance.

6. Recognition of Foreign Divorce Judgments

If you get divorced abroad, Indian courts may or may not recognize the judgment unless:

• Both parties were heard fairly
• It was not ex-parte (decided without one party)
• Grounds align with Indian divorce law

If not recognized, you may still need to file for divorce again in India.

Legal Support Resources

• How to File a Complaint or Approach Legal Help in India
• Rights of Foreign Nationals in India
• Living in India as a Foreigner: Legal Do’s and Don’ts