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Kamlesh   21 July 2016

Divorce for overseas citizen of india


One of my friend's daughter married to an Indian citizen before 8 years in India. Now both have British passport with British Citizenship. Thinking of mutual divorce. Where should they file application? In India or UK ? Does Hindu marriage Act apply to them? Both have OCI card.


 6 Replies

That depends on where they want to live after divorce. If they want to continue in Britain or any other country except India, they can file in Nritain itself. But if they like to settle in India or remarry in India, they need to apply divorce in India because according to strict Indian guidelines, a Hindu marriage that took place in India cannot be dissolved by any other country. Even if a foreign country grants divorce, it is not valid in India.

JustAdvisor (IT)     22 July 2016

Mutual consent divorces may be valid. please read Y Narasimha Rao and Ors vs Y Venkata Lakshmi and Anr 1991 SCR (2) 821. please engage an able counsel for further guidance on this matter.

P. Venu (Advocate)     22 July 2016

Now that divorce by mutual consent has been provided under HMA the petition could be filed in a competent court in UK as well.

Kamlesh   22 July 2016

Thanks to all for kind reply. Please send me link for similar cases. Regards

Dr J C Vashista (Advocate)     22 July 2016

MCD passed by a foriegn court is valid. 

A foreign divorce could always be relitigated. Safe to take MCD in India.

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