NRI Child Custody & Maintenance
NRI Child Custody and Maintenance Lawyer in India
Legal help for NRIs and OCIs in the USA, UK, Canada, Australia, the UAE, Singapore and other countries with child custody, visitation and maintenance matters in India.
✓ Custody, guardianship and visitation
✓ Maintenance for spouse, children and parents
✓ Cross-border child removal cases
✓ Appearance by video where the court permits
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Child custody
Child Custody for NRI Parents
When parents separate across countries, questions of where the child will live and how the other parent stays involved become urgent.
How Indian courts decide custody
The welfare of the child is the paramount consideration — above the wishes or rights of either parent.
Custody can be decided in divorce proceedings (for example under Section 26 of the Hindu Marriage Act, 1955) or in a separate petition under the Guardians and Wards Act, 1890.
Under the Hindu Minority and Guardianship Act, 1956, custody of a child below five years is ordinarily with the mother.
Courts consider the child's age, schooling, stability, health and, where mature enough, the child's own preference.
The parent without custody is usually given visitation — in person, during holidays or by video call.
Types of custody orders
• Physical custody — where the child lives day to day
• Joint or shared custody — both parents share time and decisions
• Legal guardianship — decisions on education, health and property
• Visitation and access — scheduled meetings, holidays and video calls
• Interim custody — temporary arrangements while the case is pending
• Permission to take the child abroad, with conditions set by the court
Maintenance
Maintenance and Alimony in NRI Cases
An NRI spouse may be asked to pay maintenance, or may need to claim it. Earnings abroad are taken into account.
Laws under which maintenance can be claimed
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC) — for a wife, children and parents who cannot maintain themselves, regardless of religion.
Sections 24 and 25 of the Hindu Marriage Act, 1955 — interim maintenance during the case and permanent alimony.
The Hindu Adoptions and Maintenance Act, 1956 — maintenance of a wife, children and aged parents.
The Protection of Women from Domestic Violence Act, 2005 — monetary relief, including for children.
Special Marriage Act, 1954, and other personal laws, depending on how the couple married.
What courts look at
• Income, assets and liabilities of both spouses — including earnings abroad
• The standard of living the family enjoyed
• The needs of the children, including school fees and health
• Sworn disclosure of assets and liabilities, as directed by the Supreme Court in Rajnesh v. Neha (2020)
• Maintenance can be awarded from the date of the application
• Orders can be enforced against assets in India if payments stop
Our services
NRI Custody and Maintenance Legal Services
Legal assistance may be required for:
How the process usually works
1. Consultation on the law that applies and the right court.
2. Drafting the petition or reply, and a Power of Attorney if needed.
3. Filing in the family court or High Court with jurisdiction.
4. Counselling, mediation or child interaction, if the court directs.
5. Evidence, arguments and orders — with appearance by video where permitted.
Documents usually needed
• Marriage certificate or proof of marriage
• Birth certificates and passports of the children
• School, medical and residence records of the child
• Income proof — salary slips, tax returns, bank statements
• Passport, visa and OCI documents of both parents
• Any foreign court orders or pending cases
Custody petitions are usually filed where the child ordinarily resides. Maintenance can often be claimed where the wife or child lives.
Wherever you live
Custody and Maintenance Help for NRIs in Major Countries
Family disputes often involve courts in two countries. We help NRIs abroad with the Indian side of the matter.
Foreign family laws differ by country and state — please confirm the law where you live with a local lawyer.
When a child is taken across borders
India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.
A parent can approach the High Court by a habeas corpus petition, or file a custody case in the family court.
The Supreme Court has held that Indian courts decide such cases on the child's welfare, and do not order a child's return mechanically because a foreign court has ordered it.
A foreign custody order is an important factor, along with how long the child has lived in India.
Courts may also make mirror orders or conditions to protect the child when travel abroad is allowed.
Enforcing maintenance across borders
• Indian maintenance orders can be executed against property, bank accounts and other assets in India
• Judgments from 'reciprocating territories' notified under Section 44A CPC — such as the UK, Singapore and the UAE — can be executed in India like an Indian decree
• Judgments from other countries, such as the USA, usually need a fresh suit in India
• Courts can also take steps against a spouse who deliberately avoids paying
• Early legal advice helps choose the most effective forum
Protect Your Child's Future — From Wherever You Live
Speak to a family lawyer in India by phone or video about custody, visitation and maintenance.
The information on this page is general and is not legal advice. Custody and maintenance depend on your personal law, the facts of your case and the court involved — please consult a lawyer about your specific matter.