
Know your laws: Marrying an NRI? What happens when a couple files divorce abroad
India Today
A recent court ruling has spotlighted legal hurdles when couples marry in India but divorce overseas, raising questions on jurisdiction, property rights, and custody disputes.
The recent legal victory of ex-Team India cricketer Shikhar Dhawan has once again brought into focus the complex world of cross-border matrimonial disputes. A Delhi court ordered his ex-wife to return over Rs 5.7 crore that she had received as a "property settlement" from a Family Court in Australia, where she resides with the children.
The Indian court held that the Australian order was contrary to the provisions of the Hindu Marriage Act -- the law under which the couple had married.
The case highlights a growing legal dilemma: what happens when couples who marry in India move abroad and later seek divorce?
In cross-border divorces, jurisdiction is not a technicality -- it is strategy.
As Advocate Tahini Bhushan puts it, "Jurisdiction is power. Where you're living when things fall apart literally shapes the entire outcome -- the grounds of divorce, maintenance, custody, even how fast the case moves".
Many Western countries such as the United States, Australia and Canada follow largely no-fault divorce systems. A marriage can be dissolved on grounds such as "irretrievable breakdown" without proving wrongdoing.













