An NRI in Saudi Arabia can obtain a divorce in an Indian family court, by mutual consent or on contested grounds, under the personal law that governs the marriage. The spouse in the Kingdom signs the petition and affidavits before a Saudi notary with an apostille, or at the Indian mission, and many family courts allow appearance by video. For Muslim marriages, Indian law on talaq, khula and mubarat applies, and instant triple talaq is void.
- Document route
- Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
- Time difference
- IST is 2h30 ahead of Saudi time all year (no daylight saving)
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Saudi Arabia: how it works
For Hindu, Sikh, Jain and Buddhist couples, mutual consent divorce under section 13B of the Hindu Marriage Act is usually fastest. Both spouses file a joint petition; the waiting period can be waived in suitable cases following Amardeep Singh (2017). Special Marriage Act and Christian marriages have their own procedures. Maintenance, return of dowry articles, child custody and property are settled in the same agreement.
For Muslim couples, a divorce by talaq must follow the procedure recognised in Indian law, and the Muslim Women (Protection of Rights on Marriage) Act 2019 makes instant triple talaq void and an offence. Khula and mubarat are recognised, and a wife can also seek divorce under the Dissolution of Muslim Marriages Act 1939. We explain which route applies and how the spouse in Saudi Arabia participates without disrupting work.
What clients in Saudi Arabia should know
- A divorce granted by a Saudi court between Indian nationals may raise recognition questions in India; an Indian decree avoids them.
- Maintenance claims under section 144 BNSS (formerly section 125 CrPC) can be brought by a wife in India against a husband in Saudi Arabia.
- Plan court dates around your leave; courts can often record statements by video.
Step by step from Saudi Arabia
Video consultation
A call at a time that suits Saudi Arabia, after we have read your documents.
Documents signed in Saudi Arabia
Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
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 Saudi Arabia where needed.
The full guide
This page covers what changes when you are in Saudi Arabia. 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 Saudi Arabia and the Cross-Border Family Law practice area.
Questions from clients in Saudi Arabia
Can we get a mutual divorce while I am in Saudi Arabia?
Yes. You sign in the Kingdom and courts often allow your appearance by video.
Is triple talaq valid?
No. Instant triple talaq is void and an offence under the 2019 Act.
How long does mutual divorce take?
Usually between a few months and a year; where the six-month cooling-off period is waived, a Saudi-based spouse can often finish within one leave cycle.