NRI Family Services

NRI Family Lawyer in India

Legal help for NRIs and OCI cardholders in divorce, child custody and family disputes in India — handled while you live abroad, with consultations by phone or video.

✓ Divorce — mutual consent and contested

✓ Child custody, visitation and guardianship

✓ Maintenance, domestic violence and matrimonial cases

✓ Recognition of foreign divorce and custody orders

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01 · Divorce

NRI Divorce Lawyer in India

If you married in India, your divorce is usually governed by the Indian law you married under, such as the Hindu Marriage Act or the Special Marriage Act. A divorce granted abroad is recognised in India only if it meets the conditions of Section 13 of the Code of Civil Procedure, so many NRIs choose to file, or confirm their divorce, in India.

Mutual consent divorce

Joint petition where both spouses agree, including terms on alimony, custody and property. The six-month waiting period can be waived by the court in suitable cases.

Contested divorce

Petitions on grounds such as cruelty, desertion or adultery, and defending a petition filed against you in India.

Foreign divorce decrees

Advice on whether a divorce obtained abroad will be recognised in India, and proceedings where it may not be.

Appearing from abroad

Many family courts allow parties abroad to appear by video conference; a Power of Attorney holder can handle many procedural steps.

Alimony & maintenance

Claims for, or defence against, permanent alimony and interim maintenance during the case.

Settlement terms

Drafting settlement agreements covering alimony, stridhan, jointly owned property and withdrawal of other cases.

How the process usually works

1. Initial consultation on jurisdiction, grounds and the best forum.

2. Drafting the petition (or reply) and, where needed, a Power of Attorney.

3. Filing in the family court with jurisdiction and service on the other side.

4. Mediation or counselling, as the court directs.

5. Evidence, arguments and decree — with appearance by video where permitted.

Documents usually needed

• Marriage certificate or proof of marriage

• Wedding photographs and invitation (if no certificate)

• Passport, visa and OCI documents

• Address proof in India and abroad

• Details of children, income and assets

• Any foreign court orders or pending cases

Whether a mutual consent divorce can be completed without travelling to India depends on the court and the facts of your case.

Discuss your divorce

02 · Child custody

NRI Child Custody Lawyer in India

Indian courts decide custody on the welfare of the child, which is the paramount consideration. Custody and guardianship cases are generally heard under the Guardians and Wards Act, 1890, read with the personal law that applies — for Hindus, the Hindu Minority and Guardianship Act, 1956.

Custody petitions

Seeking or defending physical or legal custody of a child before the family court.

Visitation & access

Securing structured visitation, holiday access and video contact for the parent living abroad.

Interim custody

Urgent applications for interim custody or protection while the main case is pending.

Child taken to or from India

Remedies, including habeas corpus petitions before the High Court, when a child is removed across borders by a parent.

Guardianship

Appointment or declaration of a guardian of the child's person or property.

Child support

Claims for maintenance for the child's education, health and day-to-day needs.

How the process usually works

1. Assessing the child's habitual residence and which court has jurisdiction.

2. Gathering evidence on schooling, care arrangements and the child's welfare.

3. Filing the custody or guardianship petition, with interim applications if urgent.

4. Counselling or mediation, and interaction with the child where the court considers it appropriate.

5. Final order on custody and visitation, and steps to enforce it.

Documents usually needed

• Child's birth certificate and passport

• Marriage certificate

• School and medical records

• Proof of your residence and income abroad

• Any foreign custody or court orders

• Evidence of your involvement in the child's care

India is not a party to the Hague Convention on International Child Abduction, so cross-border custody disputes are decided by Indian courts on the child's welfare. A foreign custody order is an important factor but is not automatically enforced.

Discuss child custody

03 · Family disputes

NRI Family Dispute Lawyer in India

Matrimonial disputes involving NRIs often lead to several cases at once — maintenance, domestic violence and criminal complaints — sometimes with travel restrictions. Coordinated advice early on helps protect your position in all of them.

Maintenance claims

Filing or defending maintenance claims for a spouse, children or parents, including under Section 144 of the BNSS (formerly Section 125 CrPC).

Domestic violence cases

Applications and defence under the Protection of Women from Domestic Violence Act, 2005, including residence and protection orders.

Dowry & cruelty complaints

Representation in matrimonial cruelty and dowry cases (Section 498A IPC, now Sections 85–86 BNS), including bail and quashing petitions.

Look Out Circulars & passport issues

Advice and court remedies where a Look Out Circular or passport action restricts your travel.

Restitution & judicial separation

Petitions for restitution of conjugal rights or judicial separation where a divorce is not yet sought.

Mediation & settlement

Negotiated settlements that resolve all pending cases together, through court-annexed mediation where possible.

How the process usually works

1. Review of every pending or threatened case against you or your family.

2. Urgent protection, such as anticipatory bail, where an arrest is possible.

3. Replies, applications and appearances in each forum.

4. Mediation aimed at a global settlement where both sides are open to it.

5. Withdrawal or quashing of cases once a settlement is recorded.

Documents usually needed

• Copies of complaints, FIRs, notices or court summons

• Marriage certificate

• Passport and visa copies

• Proof of income and expenses

• Messages, emails or other relevant evidence

• Any earlier settlement or court order

Discuss a family dispute

Resolve Family Matters in India — Without Putting Life on Hold

Speak to a family lawyer by phone or video and understand your options before you take the next step.

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The information on this page is general and is not legal advice. Laws and procedures vary with the facts of each case and the court involved — please consult a lawyer about your specific matter.