| My spouse and I got married in Nashik but currently live abroad. Can I file a divorce petition before a Nashik court, and what jurisdictional issues might arise? |
Yes — and the Nashik Family Court handles NRI matrimonial matters with increasing frequency, reflecting the city's significant diaspora in the Gulf, the United States, the United Kingdom, and Europe. The jurisdictional basis and the practical management of NRI proceedings are both well-established.
Jurisdiction under Section 19 of the Hindu Marriage Act can be established where the marriage was solemnised in Nashik, where the parties last resided together in Nashik, where the respondent currently resides, or where the wife currently resides. For many Nashik NRI families, the most commonly relied-upon ground is that the couple last resided together in Nashik before one spouse went abroad, or that the wife has returned to Nashik after the breakdown. Either establishes the Nashik Family Court's jurisdiction firmly. The court can manage proceedings with one spouse abroad through video conferencing under Section 530 BNSS — Nashik Family Court can schedule video testimony and remote appearances, removing the need for every hearing to require physical presence in India.
A critical caution for NRIs with foreign divorce decrees: a divorce obtained abroad — in the UAE, the US, the UK, or elsewhere — is not automatically valid in India. It is recognised in India only if it satisfies Section 13 of the Civil Procedure Code, including that both parties genuinely submitted to the foreign court's jurisdiction. Many ex-parte foreign decrees, where the Indian spouse did not participate, are not recognised by Indian courts. If you have a foreign divorce decree and are uncertain of its Indian standing, have it assessed by a qualified advocate before acting on it — particularly before remarrying. The NRI matrimonial specialists and family law advocates at the Nashik panel of Aapka Legal Advice can advise on jurisdiction, manage video-conference appearances, and assess the Indian validity of any foreign decree.
