In case an NRI who was married in India wants to divorce through mutual consent, he or she can file a petition either in India or the country in which they are both residing. The Indian law gives the provision for filing for divorce in a different country only in this case. The Indian law dictates that a petition may be filed within the jurisdiction of the courts of which the spouses had last resided. Since the residence or the matrimonial home of the NRI couple will be a foreign country, the spouses can file for divorce in India or even in the country of matrimonial residence. This will be recognized by the legal system of India only if it was filed with the consent of both the spouses. A couple deciding to file a divorce petition in a foreign land can do so based on the power that the Indian law gives them. The petition will be drawn according to the laws in which the couple lives. In this case, Indian laws will not be applicable to the foreign courts. Eventually the foreign court will pass a decree that recognizes the divorce complying to their procedure.

Please note: Law is in flux on this matter. Proceed with caution. Make wife the first party in foreign mutual consent divorce (aka uncontested divorce, aka no-fault divorce)