NRI

NRI marriage problem — abandoned, divorce abroad, child taken, or case against an NRI spouse

This guide works for both sides: a spouse left behind in India, and an NRI spouse facing cases in India. You can stop any time.

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What the law says

A foreign divorce is generally recognised in India only if the court had proper jurisdiction and decided on grounds available under the law the couple married under, with both sides participating. India is not a party to the Hague Convention on child abduction, so courts decide custody on the child's welfare.

General information, not legal advice.

Papers that usually help

Marriage certificate, wedding photos, invitation
Basic proof in every case.
Get the marriage registered (if it isn't)
Registration makes enforcement and passport-linked remedies easier.
Spouse's passport copy, visa/residence details, foreign address, employer
Needed for service of summons, maintenance enforcement and passport action.
Proof of desertion: last contact, travel dates, messages, money stopped
Supports maintenance, DV and divorce claims.
Records of dowry demands, money transferred, stridhan kept
Supports criminal and recovery claims.
The foreign divorce decree/petition and proof of how you were served
Decides whether India will recognise it.
Child's birth certificate, passport details, school records, travel details
Courts decide custody on the child's welfare and habitual residence.
FIR, complaint, summons or orders in India
Your response starts here.
Any Look Out Circular, passport notice or impounding order
May need urgent legal action before travel.
Your residence, job and immigration papers abroad
Relevant to appearance, bail and jurisdiction.
Income and expense records (both spouses, as far as lawfully known)
Courts require income disclosure.

Questions Saboot will ask you

First: are you safe right now?
Which describes you?
Where was the marriage performed and registered?
What do you know about the spouse abroad?
What cases or orders exist?
Is financial support an issue?
Did you take part in the foreign divorce case?

Sources

Common situations

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