- A wife can file in Hyderabad where she lives under Section 19 of the Hindu Marriage Act.
- Interim maintenance is under Section 24 HMA, and independent maintenance under Section 144 BNSS.
- A spouse abroad can sign before an Indian mission or a notary with apostille.
- Enforcement against an NRI husband works best against assets in India.
On this page
Where does an NRI divorce lawyer in Hyderabad file the case?
Under Section 19 of the Hindu Marriage Act, a wife can file where she now lives, which is often Hyderabad. The case can also be filed where the marriage took place or where the couple last lived together. See divorce lawyers in Hyderabad for the city's family courts.
Maintenance from an NRI husband in Hyderabad
A wife can claim interim maintenance under Section 24 of the Hindu Marriage Act while the divorce is pending, and maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC) independently. Relief under the Domestic Violence Act is also available. The husband must disclose his foreign income on affidavit.
How is a maintenance order enforced against a husband abroad?
Most effectively against what he has in India: bank accounts, property, or income received here. Courts can attach these and issue recovery warrants. A negotiated lump sum in a mutual consent divorce is often more reliable than a monthly order.
Can you divorce by mutual consent with a spouse abroad?
- Agree terms in writing.
- The spouse abroad signs before an Indian mission or a notary with apostille.
- File the joint petition.
- Appear in person or by video as the court allows.
- Second motion and decree.
NRI divorce power of attorney: what it can do
A power of attorney lets someone in India file papers and give instructions. It cannot give your evidence or your consent statement for you; those come from you, by video where the court allows.
Next steps
For the full NRI process, see our guide to NRI divorce in India.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
