Can an NRI spouse be served with a divorce notice in India?

Yes. An NRI (Non-Resident Indian) spouse can be served with a divorce notice under the Hindu Marriage Act, 1955 and the applicable provisions of the Code of Civil Procedure, 1908, even if they reside outside India.

Since family court proceedings, including those under the Hindu Marriage Act, 1955, are governed procedurally by the Code of Civil Procedure, 1908 (subject to state-specific Family Court rules), the relevant provisions for serving a party residing abroad include:

Order V, Rule 25, CPC:

Permits service of summons on a defendant residing outside India through a court or authority designated for that purpose, or through the Indian representative in that country, or by such other means as the court may direct.

Order V, Rule 26, CPC:

Where a defendant resides in a country with which India has reciprocal arrangements, service may be effected through the political agent or the court in that territory.

The Hague Service Convention, 1965:

India is signatory to this international treaty. Where the NRI spouse resides in another signatory country, service can be routed through the Central Authority designated by that country, ensuring formal and legally recognized transmission of documents.

Substituted Service (Order V, Rule 20, CPC):

Where ordinary service is not practicable or the respondent is evading service, courts may permit substituted service through publication in a newspaper circulated in the area of the respondent's last known residence, or through electronic means such as email or WhatsApp, particularly following judicial recognition of digital modes of service in recent years.

If the NRI spouse, despite being duly served, fails to appear before the court, the court may proceed ex parte and decide the case based on the available evidence.

Additional Modes Increasingly Recognized by Supreme Court and High Court:

Indian courts, particularly family courts and High Courts, have increasingly permitted service via email, WhatsApp, and other electronic modes on NRI respondents where traditional service proves difficult, subject to the court being satisfied that such service is reasonably likely to reach the respondent.

Thus, an NRI spouse can be served with a divorce notice in India through legally recognized methods. If valid service is effected and the spouse does not appear, the court may continue the divorce proceedings in accordance with law.