Cross-border unions are on the rise, but so are cases where one spouse, often the NRI partner, abandons the other. Feeling isolated and without support, the left-behind spouse faces legal and emotional hurdles. This guide explains your rights under Indian law, recent judicial pronouncements, and practical steps you can take if you’re deserted by an NRI spouse.

Jurisdiction & Applicable Law

• Indian Courts’ Authority: If either spouse holds Indian nationality or the marriage was solemnized in India, family and district courts retain jurisdiction (cf. Sajan v. Manoj, Delhi HC, 2024).
• Service Abroad: Courts permit service of summons via private process or diplomatic channels under Order V, Rule 9A of CPC 1908.

Grounds & Remedies for Abandonment

Remedy	Legal Basis	Key Points
Maintenance	Section 125, BNSS 2023	Spouse can claim monthly support—even if the other lives overseas.
Judicial Separation	Section 10, HMA 1955; Section 23, SMA 1954	Interim relief without divorce; useful when abandonment causes hardship.
Divorce	Section 13, HMA 1955; Section 28, SMA 1954	Grounds: desertion (≥ 2 years), cruelty, or foreign judicial separation.
Custody & Child Support	Guardians and Wards Act 1890	Courts prioritize child welfare; cross-border custody enforced as needed.

Recent Judicial Precedents (2023–25)

• Delhi HC (May 2024): Awarded maintenance to a wife deserted in the UK, citing Section 125, BNSS 2023 as gender-neutral in practice.
• Bombay HC (Feb 2025): Held that recognized foreign divorce decrees are enforceable in India under Section 13, BNSS 2023, provided reciprocity exists.
• Supreme Court (Jan 2025): Clarified that absence of a bilateral treaty does not bar enforcement of a foreign decree if principles of natural justice are met.

Step-by-Step Legal Process

1. Document the Abandonment: Keep records- WhatsApp chats, emails, travel tickets, proof of residence.
2. File for Maintenance: Draft and file an application under Section 125, BNSS 2023 in your local magistrate’s court.
3. Seek Judicial Separation or Divorce: Depending on your preference and grounds, approach Family Court under the HMA or SMA.
4. Apply for Custody & Child Support: If children are involved, file under the Guardians and Wards Act, emphasizing their best interests.
5. Enforce Foreign Decrees: If you obtained relief abroad, file a suit under Section 13, BNSS 2023 to have it ratified in India.

Regulatory & Procedural Updates (as of June 2025)

• Apostille Simplification (Mar 2025): MEA reduced fees and fast-tracked apostille services for court documents.
• Reciprocity Notifications (Apr 2025): MEA published reciprocity lists with the UK, UAE, and Australia, easing foreign decree recognition.
• Evidence Act Amendment (Jan 2025): Section 65B, BSA 2023 clarified admissibility of digital communications—including WhatsApp—in matrimonial proceedings.

Practical Tips for Abandoned Spouses

• Engage Local Counsel Early: A Delhi-based lawyer can navigate jurisdictional complexities.
• Maintain a Paper Trail: Save all digital and physical evidence of abandonment and support requests.
• Use Diplomatic Channels if Needed: For service abroad, consider embassy notifications.

Explore Alternate Dispute Resolution: Mediation centres in Family Courts can provide interim solutions.

Related Reads from Our Knowledge Centre

• Child Custody Battles in India: Best Interests of the Child
• Alimony & Maintenance in 2025: Recent Judgments & Trends

Conclusion

Abandonment by an NRI spouse can feel overwhelming, but Indian law provides several remedies, from maintenance to custody and the enforcement of foreign decrees. Armed with the right documentation, timely legal action, and updated knowledge of recent judgments, you can assert your rights and secure relief.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified matrimonial law practitioner for guidance tailored to your circumstances.

FAQs

1. Can I file for maintenance in India if my spouse is living abroad?

Yes. Under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Indian courts have jurisdiction to award maintenance even if the spouse resides outside India, provided the marriage has some legal nexus to India (such as being solemnized here or involving an Indian citizen).

2. What if my NRI spouse has already obtained a divorce abroad?

Foreign divorce decrees are recognized in India only if they comply with Indian public policy and principles of natural justice. You can challenge such a decree or seek recognition through Indian courts under Section 13 of the BNSS, 2023.

3. Do Indian courts help with custody when children are abroad?

Yes. Indian courts can make custody determinations under the Guardians and Wards Act, 1890. If the child is in another country, enforcement depends on that country’s cooperation or existing bilateral treaties, if any.

4. How long must I wait to file for divorce on the ground of desertion?

You can file for divorce under Section 13 of the Hindu Marriage Act, 1955, if desertion has continued for at least two consecutive years prior to the filing date.

5. What is the role of Indian embassies in such cases?

Embassies can assist with serving legal notices abroad, attestation of documents, and guiding you to local legal aid resources. However, they do not intervene in civil proceedings or provide direct legal representation.