Key takeaway
Indian courts can order maintenance against a spouse who lives abroad. The hard parts are serving notice, proving foreign income and enforcing the order. Plan for each from the start.
Which law to use
- Section 144 BNSS (earlier Section 125 CrPC) — quick remedy for wives, children and parents.
- Hindu Marriage Act, 1955 — interim maintenance (Section 24) and permanent alimony (Section 25).
- Hindu Adoptions and Maintenance Act, 1956 and the Special Marriage Act, 1954.
- Protection of Women from Domestic Violence Act, 2005 — monetary relief (Section 20).
Amounts under different laws are adjusted against each other.
Disclosure of income
Since Rajnesh v. Neha (2020), both parties must file affidavits disclosing income, assets and liabilities. Foreign salaries, bonuses and assets must be disclosed. Courts consider the cost of living where each party lives.
Serving notice abroad
Service on a spouse abroad can be done through the methods the court allows, including through Indian missions, email in some cases, or treaty channels. It often takes time, so ask the court for interim orders early.
Enforcing an order
- Assets in India — attachment of bank accounts, salary from Indian employers or property.
- Abroad — depends on the other country’s law. Some countries have reciprocal arrangements with India, for example under the Maintenance Orders Enforcement Act, 1921; elsewhere fresh proceedings may be needed.
- Arrears — courts can issue recovery warrants against assets in India.
If you are the one asked to pay
- Respond — ignoring the case can lead to ex parte orders.
- Disclose income honestly; understating it damages credibility.
- Pay interim amounts on time and keep proof.
- Seek modification if circumstances change.
Frequently asked questions
Can I file in India if my spouse lives abroad?
Yes, if the Indian court has jurisdiction — for example where you live.
Can maintenance be paid as a lump sum?
Yes, often as part of a settlement or divorce.
Can an order be changed later?
Yes, on a change in circumstances.
Related LegalCops services
References
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144
- Hindu Marriage Act, 1955 — Sections 24, 25
- Maintenance Orders Enforcement Act, 1921
- Rajnesh v. Neha (2021) 2 SCC 324
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
