Yes. Living abroad does not remove your marriage from the reach of Indian law, and for a marriage solemnised in India the Indian courts are very often the natural forum.
Where jurisdiction comes from
Under Section 19 of the Hindu Marriage Act (and the equivalent provision in the Special Marriage Act) a petition can be presented to the district court within whose jurisdiction:
- the marriage was solemnised, or
- the respondent resides at the time of presentation, or
- the parties last resided together, or
- the petitioner resides, where the respondent is outside India or has not been heard of as alive for seven years
That last limb is the one that matters most for NRIs, and it is why a spouse in India can usually file locally even when the other is overseas.
Do you have to fly back
For a mutual consent divorce, both parties must ordinarily appear and have their statements recorded at both motions, because the court is satisfying itself that consent is free. Courts have increasingly permitted video conferencing for parties genuinely unable to travel, and a power of attorney holder can handle many procedural steps, but the court's own practice varies and consent recording is treated as personal. Do not assume; ask your lawyer to seek permission early.
Obtaining a quick foreign divorce on a ground Indian law does not recognise, or without the other spouse being properly served and heard, and assuming it is the end of the matter. It frequently is not. See the separate answer on whether a foreign decree is valid in India.
Practical points
- Documents executed abroad usually need notarisation and, depending on the country, apostille or consular attestation.
- If proceedings have already been filed in two countries, the question of which should proceed becomes a live and expensive dispute. Take advice before filing anywhere.
- Where children are involved and one parent is in India, custody and removal issues need to be addressed at the outset, not after a child has travelled.