NRI divorce lawyer in Delhi
Advocate Karan Dua represents Non-Resident Indians in mutual and contested divorce, foreign decrees and cross-border custody. Where the court permits, your case runs through a Power of Attorney and video conferencing, so you need not travel for every hearing.
Get advice before you respond
What you sign or file abroad can affect your case in India, and the reverse. Share any notice, order or decree you have received, and we will advise on the next step. No outcome or timeline can be promised.
Cross-border matters we handle
For NRIs in the USA, UK, Canada, Australia, the UAE, Singapore and elsewhere, jurisdiction, foreign decrees and representation need careful handling from the start.
Foreign divorce decrees
Challenging or ratifying decrees obtained abroad, including ex-parte decrees, in Indian courts.
Section 13 CPCSpecial Power of Attorney
Drafting, attestation and stamping, so that court work in India can proceed through your attorney.
SPA drafting & attestationVideo-conference testimony
Statements recorded remotely, where the court allows it and under its video conferencing rules.
Court-authorised VCLook Out Circulars
Challenging an arbitrary Look Out Circular or passport action, where one has been issued.
LOC & passportCross-border child custody
Custody, access and travel injunctions where a parent or child is abroad, with the child’s welfare first.
Welfare of the childMaintenance & alimony
Claims and defence where one spouse lives abroad, including service of notices overseas.
Interim & final reliefRun your case without flying to India
In many cases, three arrangements remove the need to travel for every hearing. Whether they are enough depends on the court and the stage of the case.
Power of Attorney
A Special Power of Attorney, attested abroad and stamped in India, lets your advocate file and appear for you at many hearings.
Video conferencing
Where the court permits, your statement can be recorded from the Embassy, Consulate or another verified location.
Certified decree
Certified copies of the decree, with apostille where needed, for immigration and records abroad.
The five stages of an NRI divorce
Timelines depend on whether the case is mutual or contested, on any foreign proceedings, and on the court’s workload, so none can be promised.
Jurisdiction
Domicile, any foreign case already filed, and Section 13 CPC, to avoid conflicting decrees.
Power of Attorney
Executed before the Indian Embassy or Consulate or a notary, then stamped in India.
Filing in Delhi
Petition filed through the attorney-holder before the competent Family Court.
Statement
Recorded in person or by video, depending on the court’s order.
Decree
Certified copy of the decree, with apostille for use overseas.
Is a foreign divorce valid in India?
Not automatically. Under Section 13 CPC, a foreign judgment is conclusive only if it passes certain tests. A decree that fails them can be challenged in Indian courts, as the Supreme Court explained in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991).
Whether a decree stands depends on its facts. Share it at a consultation and the Advocate will advise whether to ratify or challenge it.
Competent court
Was it passed by a court with proper jurisdiction?
Decided on the merits
Was the case actually decided on its merits, not on a technicality?
Indian law respected
Is it free of any refusal to recognise the applicable Indian law?
Natural justice
Was each side notified and given a fair chance to be heard?
No fraud
Was it obtained without fraud on the court or on a spouse?
No breach of Indian law
Does it avoid supporting a claim that breaches Indian law?
Documents checklist
Tap a document to mark it as ready. The exact list depends on your case.
0 of 6 ready
Jurisdiction and stamping
Common questions
Is a foreign divorce decree automatically valid in India?▾
No. Under Section 13 of the Code of Civil Procedure, a foreign decree is conclusive only if it passes certain tests, such as being passed by a competent court, on the merits, with fair notice and without fraud. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), the Supreme Court held that a decree should rest on a ground available under the Hindu Marriage Act and that the other spouse must have submitted to the court’s jurisdiction. Whether your decree stands depends on its facts.
Do I have to travel to Delhi for hearings?▾
Often not. Filings can be made through a Special Power of Attorney and statements can be recorded by video where the court permits. Some stages may still need your presence or an appearance by video, and the chambers will tell you which in your case.
Can an NRI file for mutual consent divorce in India?▾
Yes, where the requirements of Section 13B and the court’s jurisdiction are met. The six-month waiting period can be waived only by the court, on the facts. Both spouses can usually appear by video, and settlement terms are drafted carefully for use abroad.
Where can an NRI file a divorce petition in India?▾
Under Section 19 of the Hindu Marriage Act, the petition can be filed where the marriage took place, where the parties last lived together, or where the respondent lives. Where the respondent lives outside India, the court where the petitioner lives may also have jurisdiction. The chambers confirms the right court at consultation.
Is the Hague Convention applicable to child custody in India?▾
India is not a party to the Hague Convention on child abduction. Indian courts decide custody on the welfare of the child, and treat a foreign custody order as one factor, not as binding. Early advice matters where a child may be taken across borders.
Can I be stopped from leaving India because of a Look Out Circular?▾
A Look Out Circular can be issued in some matrimonial disputes, and it can be challenged in court if it is arbitrary. Speak to the Advocate as early as possible if you are affected.
Speak to the Advocate
Consultations by video call or in chambers at O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment (India time).