Here are the provisions for NRI divorce under Indian legal system-
If you and your spouse got married in India under Hindu Marriage Act 1955 and began living in the foreign land, you can apply for divorce in the following ways-
Mutual Consent Divorce
If both of you are willing to get the divorce and agree mutually on all the terms (child custody, maintenance, division of property).
You may file for divorce in the Foreign Court where you reside
Divorce shall be valid in India if the foreign court:
grants divorce is acceptable under Hindu law;
divorce is granted only on the grounds/reasons which are given under the Hindu Marriage Act (Section 13).
Once the divorce proceedings begin in India, you may give the power of attorney to your parents and need not appear in court on each date.
Mutual consent divorce completes within 6 to 8 months.
Contested Divorce
If you file for a divorce in the foreign court and your spouse does not agree to it, he/she may file a petition in India for stay of divorce proceedings.
You cannot force her to contest divorce proceedings abroad. In such cases, it is better you file for divorce in India.
Procedure for filing a contested divorce, In India, you may file the divorce at-
The place you last resided in India,
Place of marriage
Place where your spouse is residing at the time of filing the divorce
You must be present at the stage of evidence during the proceedings.
Contested divorce takes around 3 to 5 years to complete.
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