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K V   25 April 2023

Can indian born us citizen file for divorce in india ?

Me and husband were married in India who got US citizenship couple of years back. My two kids are born in US and are US citizens. If I have to move to India with kids, my husband does not give me consent to do so. Can I move to India with kids and file for divorce in India? Can Child custody matter be resolved in Indian court ? If my husband files complaint in US court, can I still file divorce in India and get child custody ?


 4 Replies

Sudhir Kumar, Advocate (Advocate)     25 April 2023

Once you ae in India you can do so.

P. Venu (Advocate)     26 April 2023

Yes, you can once you are in India.

Alpa Jogi (Advocate) (Lawyer / Advocate)     01 May 2023

Regarding Jurisdiction for Divorce, it can be filled in the court of competent jurisdiction where the marraige was solemnised. Since the marriage was solemnised in India, you can file divorce in India. And regarding jurisdiction of the Child Custody, it can be filled in the court of competent jurisdiction where the child is residing at present.



Alpa Jogi (Advocate)

Advocate in Ahmedabad

Niharika Lohan   23 May 2023

Hi KV, I’m Adv. Niharika and here is my take on your query.

s. 19 of Hindu Marriage Act, 1955 provides for multiple places where you can institute our divorce petition.

Firstly, under sec. 19 (i) where the marriage was solemnised; in lay man terms, where the marriage took place, in your case which is India. So you can file a petition at the place wherever your marriage took place in India.

Secondly, under sec. 19 (iv) where the petitioner resides at the time of filing the petition. That is to say, in case you move to India first then at the place where you will be residing in India, yup can file a petition in the court of that particular area.


Now regarding the child custody, you can file the petition where the child is residing currently (in your case, the USA) and an order from that court will be presumed to be binding on all India courts under section 14 of Civil Procedure Code, 1908.

For your convenient reading I’m attaching a few links on the Hindu marriage Act, 1955 and Civil Procedure Code, 1908. Kindly see section 19 and 14 respectively it will give you clarity.

I hope this information yields fruitful, in case of further query you can reach me at

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