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NRI FL Divorce dispute and Finance settlement


02-Jan-2026 (In Divorce Law)
How is the property settled in an NRI divorce? Can an Australian consent order be imposed in India? Some of the Indian lands are under litigation.
Answers (1)

Answer #1
821 votes
In an NRI divorce, property is settled as per the law of the country where the property is located. An Australian consent order cannot be directly enforced in India. Indian courts will first examine whether it meets the requirements of Section 13 of the CPC. For land related matters, Indian courts have exclusive jurisdiction. If any Indian property is already under litigation, it cannot be transferred or divided without permission of the Indian court. The foreign consent order may at best be treated as supporting evidence, but separate proceedings in India will be required for enforcement or partition.
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