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Choosing the right country for divorce and doubts related to that
20-Mar-2025 (In Divorce Law)
I got married in India and later settled in the Netherlands, where my partner, child, and I became Dutch citizens.
Due to the poor state of our relationship, mutual divorce is not an option.
Where should I file for divorce—India or the Netherlands—to ensure I receive alimony for support.
Dear ma'am,
Since your marriage took place in India, Indian courts have jurisdiction over your divorce. If mutual divorce is not an option, you can file for divorce on grounds such as cruelty, desertion, or other personal law-based reasons. To ensure alimony, you can claim maintenance under Section 125 CrPC, which applies irrespective of religion, or under your applicable personal laws (e.g., Hindu Marriage Act, Parsi Marriage Act, etc.).
If your spouse has assets or income in India, enforcing maintenance orders may be easier. However, if most of his financial assets are in the Netherlands, enforcing an Indian court’s maintenance order might be challenging. In such a case, you may need to consider international enforcement mechanisms.
Would you like to highlight any particular aspect further?
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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If you were married in India then the jurisdiction for divorce will be in India only. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor child. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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I am not aware of the law in Netherlands but in India divorce proceedings can take some time but if pursued properly, it can see it's logical end timely. this would require a detailed discussion so as to give you a tentative idea as to how long the divorce proceedings will go on.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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If you can support yourself financially ( accommodation + legal fee) in Netherlands then better do over there . Otherwise India because here cost of litigation and living expense will be economical.
Whereas execution of divorce decree for OCI Citizens is a difficult task and takes time .
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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Dear Client
In Netherlands, Divorce proceedings happen either by Agreements/Courts determining the rights. You have the jurisdiction to file for a contested divorce along with a motion for grant of maintenance under the Indian Laws. Filing the same in India is recommended, the same would be more effective.
Please feel free to reach out for further discussions.
Regards.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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