A couple married in India can obtain a mutual consent divorce in India under section 13B of the Hindu Marriage Act or the corresponding provisions of other personal laws while one or both spouses live in Austria. Appearances can often be made by video, and the six-month waiting period may be waived in suitable cases. An Austrian divorce, often a consensual divorce under section 55a of the Austrian Marriage Act, can be recognised in India if it meets the Narasimha Rao principles.
- Document route
- Austrian notary, then apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Austria: how it works
We first decide where to divorce. If you married in India and both agree, an Indian mutual consent divorce is usually recognised in Austria and certainly in India. If an Austrian court decree already exists, we check whether it meets Indian recognition rules: the court's jurisdiction, the ground, and both spouses' participation. For a petition in India, the spouse in Austria signs a power of attorney and affidavits before an Austrian notary, with an apostille, and joins hearings by video when the court allows.
Contested divorces are slower and depend on proving a ground under Indian law; evidence can often be recorded by video link. Maintenance, return of streedhan and custody are dealt with together or separately. Watch for a parallel criminal complaint in India, for example under section 85 of the Bharatiya Nyaya Sanhita (formerly section 498A IPC), which can affect travel. An Indian divorce decree is used in Austria after an MEA apostille and a German translation.
What clients in Austria should know
- Austrian courts may have jurisdiction where the couple lives in Austria, but a decree obtained without the Indian spouse taking part risks non-recognition in India.
- India is not a party to the Hague Child Abduction Convention, so custody issues between Austria and India are decided on the welfare of the child, not under treaty return rules.
- Austrian maintenance orders are not directly enforceable in India; plan a settlement that covers payments in both countries.
Step by step from Austria
Video consultation
A call at a time that suits Austria, after we have read your documents.
Documents signed in Austria
Austrian notary, then apostille
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Austria where needed.
The full guide
This page covers what changes when you are in Austria. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Austria and the Cross-Border Family Law practice area.
Questions from clients in Austria
Do both spouses need to come to India?
Often not. Many family courts accept appearance by video, though some insist on at least one personal appearance.
Will an Indian divorce be accepted in Austria?
Generally yes, if apostilled and translated, though Austrian authorities may review it before registering a new marriage.
We married in Austria. Can we divorce in India?
If the marriage falls under an Indian personal law such as the Hindu Marriage Act or the Special Marriage Act, Indian courts can have jurisdiction on several grounds, such as where the couple last lived together.