Can OCI file for divorce in India?


Sharing is Caring


Overseas Citizens Of India Can Seek Divorce Before Indian Courts Against OCI Partner : Karnataka High Court. The Karnataka High Court has held that Overseas Citizenship of India (OCI) cardholders can seek matrimonial reliefs before appropriate courts in India, against the estranged partner who is also an OCI cardholder …

Can we apply for divorce in India from abroad?

First ascertain abroad address of your wife. Then you can issue the legal notice. Their after based upon reply, u can decide. Alternatively, you can also file a case for divorce, after issueing legal notice to the last known address or parents address, later on, knowing about reply/status.

Can US citizen getting divorced in another country?

The short answer is yes, but only to a certain extent and not in all circumstances. Most states recognize divorce decrees from foreign countries as long as the foreign country ensures certain procedural requirements have been met (such as proper notice to the parties).

How can I divorce an Indian marriage in USA?

If you got married in India, but wish to divorce in the USA, you are allowed to file in the state where you meet their residency requirements. You may start filing for divorce if you provide all the relevant details to show that either you or your partner meets the required residency requirements of the state.

Can I get divorce without going to court in India?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

How can I divorce my wife in India?

  1. Step 1: Petition to file for a divorce.
  2. Step 2: The parties must appear before the court.
  3. Step 3: Record statements under oath.
  4. Step 4: The first motion will be passed.
  5. Step 5: Final hearing of the petition.
  6. Step 6: Verdict on the Divorce.

Do you lose OCI after divorce?

The Centre on Friday told the Delhi High Court that the foreigners registered as OCI cardholders because of their marriage to Indian nationals cannot continue to enjoy that status after their divorce. OCI citizens are of Indian origin, however, they are foreign passport holders and are not citizens of India.

What happens to OCI card after divorce?

The Bombay High Court has recently observed that the Overseas Citizen of India (OCI) card issued to a person of foreign origin on spouse basis can be cancelled upon dissolution of marriage by a competent court.

Can OCI be revoked after divorce?

Yes. A foreign national who is registered as an OCI by virtue of his or her marriage with an Indian national/person of Indian origin loses the OCI status after a divorce.

How long does an international divorce take?

As a very rough estimate, we tell our clients to expect an international divorce to take around 4 to 6 months.

Which country has the easiest divorce process?

Spain. The only requirements for divorce in Spain are to have lived in Spain for 6 months, to have been married for 3 months, and to be a Spanish national. Spain operates a no-fault divorce system, meaning that there are no other requirements to get a divorce.

What happens if you marry a US citizen and then divorce?

An immigrant who has been married to and living with a U.S. citizen has to wait only three years after getting a green card to become a naturalized citizen. After your divorce, however, you will no longer qualify for this exception, and will have to wait the usual five years before becoming a U.S. citizen.

Is it better to divorce in India or USA?

India has the lowest divorce rate in the world. According to a study, out of 100 Indian marriages, only one ends in divorce. The most common reasons why Indian couples file for divorce in the U.S. include: Adultery by either spouse.

How long does it take to get divorced in India?

How long does it take to get a divorce in India? It takes a minimum of six months in case of mutual divorces. But in cases of a contested divorce, it depends on a lot of factors and can take more than two years.

How are divorce papers served in India from USA?

Consult with a family law attorney. You can serve your spouse in India as long as you have a proof of service that she was served by someone at least 18 years old and not a party to the action.

How much are lawyer fees for divorce in India?

Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years’ worth of experience. Most lawyers in Mumbai charge around INR 5000 or INR 7000 per hearing, meaning that the longer the battle, the costlier it becomes.

Is 6 months mandatory for mutual divorce in India?

In cases of divorce by mutual consent, Section 13B(2) of the Hindu Marriage Act, 1955 prescribes a 6 month ‘cool off’ or waiting period after the filing of the divorce petition before the matter proceeds, in order to give the couple one last chance at reconciliation.

Is it easy to get divorce in India?

With the latest Supreme Court order, it is time to rejoice for couples seeking a divorce through mutual consent. India is not a very divorce-friendly country both culturally and legally. The divorce rate in India is very low โ€“ about 13 in 1,000 marriages, against 500 in 1,000 marriages in the UK.

Can you get divorce without your spouse signature in India?

In case your spouse is not agreeing to the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

What happens if one partner doesn’t want a divorce in India?

Under the Hindu Marriage Act (HMA), 1955, the husband and the wife have been given the option to file for a mutual consent divorce. However, if your spouse is not agreeing to mutual consent divorce, you may file a divorce petition on the ground of cruelty provided under Section 13(1) of the Hindu Marriage Act, 1955.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

Is marriage certificate mandatory for OCI?

Applicant has to write and sign a consent letter confirming that the Indian Consulate/Embassy is authorized to make edit and correct the mistakes made in the OCI Government form. Copy of the marriage certificate is a must, if married. Copy of the divorce decree, if divorced.

Can OCI card be Cancelled?

Can a person renounce OCI? Yes. He/she has to declare intention of renunciation in Form XXII to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgement in Form XXII A.

How long does it take to get an Indian OCI?

Your application will be sent to the embassy, and the actual card will be sent from India. This step can easily take 6-8 weeks. Once the embassy receives your OCI card, you need to provide your original passport through VFS Global center.

Can an OCI file a case in India?

Overseas Citizens of India can approach appropriate courts in India for matrimonial relief against their partners who also have OCI cards, the High Court of Karnataka has ruled.

Craving More Content?

Maine Divorce Law Blog