Free Tool, No Sign-up Required

Which Indian Divorce Law Applies to Your NRI Marriage?

India has five different personal laws governing marriage and divorce. Which one applies to you depends on your religion, how your marriage was registered, and where it took place. Answer seven questions and find out instantly, no personal details required.

Takes under 60 seconds No personal data collected Lawyer-verified logic Covers all NRI scenarios

What you will find out

  • Which Indian personal law governs your divorce
  • Whether a court or non-court process applies
  • Whether the mutual consent route is available
  • Recommended next step for your situation

The Checker

Answer All 7 Questions

Your result appears automatically once all questions are answered.

Question 1 of 7

Where did your marriage take place?

Question 2 of 7

Under which law was your marriage registered?

Question 3 of 7

What is your religion?

Question 4 of 7

What is your spouse's religion?

Question 5 of 7

Where are you currently living?

Question 6 of 7

Where is your spouse currently living?

Question 7 of 7

Is the divorce mutual?

Know Your Law

India's Personal Laws for Marriage and Divorce

India does not have a uniform divorce law. Different communities are governed by different personal laws. Here is a brief overview of each.

01

Hindu Marriage Act, 1955

Applies to Hindus, Sikhs, Buddhists, and Jains. Mutual consent divorce under Section 13B after one year of separation. Court-based, POA-enabled for NRIs.

02

Muslim Personal Law

Governs Muslims married under Nikah. Mutual divorce by consent is called Mubarat, no court needed, formalised through a notarized Mubarat Nama. Significantly faster.

03

Special Marriage Act, 1954

Applies to civil marriages and interfaith couples. Mutual consent divorce under Section 28 follows similar court procedure to HMA. Most NRIs married abroad fall under this act.

04

Indian Divorce Act, 1869

Governs Christians married under the Indian Christian Marriage Act. Mutual consent divorce introduced via amendment in 2001. Court-based, POA-enabled for NRIs.

Divorce Eligibility: Frequently Asked Questions

If you were married abroad under a foreign law, Indian courts typically apply the law based on your domicile and religion. Hindu NRIs married abroad often fall under the Hindu Marriage Act or Special Marriage Act. Muslim NRIs under Muslim Personal Law. Each case requires individual assessment, submit the form and our legal team will confirm the applicable law within a few hours.
Interfaith marriages in India typically fall under the Special Marriage Act if registered as a civil marriage. If one spouse converted to the other's religion before marriage, the governing law depends on the registration. Our legal team assesses each interfaith case individually as the applicable law can vary based on specific circumstances.
Yes. Marriage registration is not mandatory for a valid marriage under Indian law. An unregistered marriage is still legally recognised and can be dissolved through divorce. The applicable law is determined by religion and personal law rather than registration. Supporting documents like wedding photographs, invitation cards, or religious ceremony records can be used to establish the marriage.
Yes. Indian family courts have jurisdiction based on where the marriage was solemnised or where the couple last resided together in India, not where they currently live. Both spouses can be abroad and still file for divorce in India through a Special Power of Attorney or video conferencing where permitted by the court.
Mutual divorce means both spouses freely agree to separate and have settled all terms including alimony, custody, and assets. It is significantly faster, less expensive, and less stressful. Contested divorce means one spouse does not consent or disputes the terms, requiring adversarial court proceedings that can take several years. Our practice specialises exclusively in mutual consent divorce.
No. This tool provides a general indication of the applicable law based on the information you provide. It is not a legal opinion and should not be relied upon as a substitute for professional legal advice. Edge cases involving interfaith marriages, foreign law marriages, and unregistered marriages require individual assessment by a qualified lawyer.
For determining which Indian divorce law applies, the country you currently live in does not change the applicable personal law. However, your current location does affect the process, whether a POA is needed, whether video conferencing applies, and how documents are attested. The result card accounts for your location when suggesting next steps.

Ready to Proceed?

Know Your Law. Now Take the First Step.

Once you know which law applies to your situation, submit the NRI mutual divorce application. Our legal team will review your case, confirm the applicable law, and outline the process specific to your situation.

Submit NRI Divorce Application for ₹2,500
Confidential Response Within a Few Hours 30+ Countries