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Can a US citizen get divorce in India?
Most couples married in India often wonder if it is possible to apply for a divorce in the US and if the divorce decree so obtained in the US is valid in India. It is, of course, possible. However, the rules will not be the same when foreign laws and processes are involved in the divorce.
Can foreigners apply for divorce in India?
Yes, a foreign divorce decree is recognized by Indian courts. But if you are an NRI couple married in a foreign location, you will not be affected by Indian divorce laws.
How do I file for divorce if I got married in India?
Procedure to be followed for a Mutual Divorce.
- Step 1: Petition to file for divorce.
- Step 2: Appearing before Court and inspection of the petition.
- Step 3: Passing orders for a recording of statements on oath.
- Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.
Can OCI file for divorce in India?
If your marriage happened according to your respective personal laws in India, you can file a divorce petition in the family court of the place of marriage. The regular grounds for divorce under the respective personal laws are available to NRIs also.
Can I apply for divorce online in India?
Procedure for divorce in India can be initiated by a husband and wife jointly (Mutual Consent Divorce), or by either of them without the approval of the other spouse (Contested Divorce). With the new divorce law the parties can also apply for divorce online.
Is mutual consent divorce in USA valid in India?
Yes Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts.
How do I register a foreign divorce in India?
There is no procedure called registration of divorce in India. You have to file a fresh case here which would start from the beginning. 2. Since your wife did not participate in US court proceeding the decree passed therein is not binding on her.
How long does it take for divorce in India?
So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.
Can I keep OCI after divorce?
Foreigners married to Indians cannot enjoy OCI status after divorce, Centre tells HC. Foreigners registered as OCI cardholders because of their marriage to Indian nationals cannot continue to enjoy that status after their divorce, the Centre has told the Delhi High Court.
What is OCI holder?
Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.
How can I get quick divorce in India?
Step by step procedure in case of Mutual Divorce
- Step 1: Divorce Petition to file.
- Step 2: Court appearance and petition inspection.
- Step 4: Between the passing of the first and the second motion a period of six months elapses.
- Step 5: Second Motion and the Final petition hearing.
- Step 6: Divorce Decree.
How long do you have to be separated before divorce in India?
The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.