2 Answers
Dear Madam,
Divorce While Abroad
Under Indian law, you can file for divorce even if you are outside India, provided either spouse is an Indian citizen or the marriage was solemnized in India.
You can file under:
Section 13 of Hindu Marriage Act (HMA) – if you are Hindu, Jain, Sikh, or Buddhist
Special Marriage Act (SMA) – if registered under SMA
You can file through a lawyer in India or via Power of Attorney (PoA) if you cannot appear physically.
Ex-parte divorce is possible if your spouse contests or does not appear; otherwise, the usual process applies.
Courts may ask for your personal appearance for verification at some stage, but for uncontested divorce with consent, PoA can usually work.
Property Transfer via Gift Deed
Your husband can transfer property to your name through a registered gift deed even before divorce.
Conditions for gift deed:
Must be registered at the Sub-Registrar office in India.
Requires stamp duty and registration fees (varies by state).
Gift deed is irrevocable once registered, unless otherwise agreed.
You can agree that:
He continues paying EMIs until your return.
You take over the loan only after coming back and completing the loan transfer process with the bank.
Dear Mam, as per your query,
You can file for a Mutual Consent Divorce but you need to appear before the court physically at least once to confirm the same. Your husband can gift you the property, since you are in abroad, you need to execute a Power of Attorney so that the property may be registered in your name by your relative on your behalf. EMI liabilities remain with your husband until you apply with the bank for transfer