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Filing of divorce by OCI holder in India
13-Jun-2025 (In Divorce Law)
My relative got married in 2013 at New Delhi and the marriage is registered under the Indian Marriage Act. Both spouses have been living in Canada for almost 10 years and are Canadian citizens as well has OCI holders. They have 2 kids, both born in Canada. The wife is coming to India with kids on vacation and wants to file a divorce in India, their marriage is not working and even the husband sees no future in the relationship. Is she eligible to file it in India.?
Yes...if the marriage is done in New Delhi then it will be considered as a valid jurisdiction for filing of the divorce. But I would suggest to go for mutual divorce as it's cost effective and ends up in maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Yes your friend can file a Divorce petition through a Lawyer here In Delhi as the marriage was solemnised here in the jurisdiction of Delhi. In case both spouses are willing to dissolve their marriage they can do so by way of mutual consent Divorce.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Yes since both are overseas
citizens of India and if the marriage is performed in India or at least registered as per Indian laws any of the party can initiate divorce proceedings in India. Few pointers have to be kept under check while filing such divorce petition
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Adv. Vikas Sharma
Delhi | 200+ Answers
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yes, your sister can file divorce case in Delhi. if divorce is filed with mutual consent then it will be spediously decided. if only your sister want to file .even though, she can file divorce on grounds as mentioned in marriage act. on the persual of your question it seems there is quarrel between them and many disputes. your sister can file divorce on the ground of cruelty. if you share more specific details it will be easier to advise you
Helpful?
Yes Since the marriage has been solemnised in delhi she can file a divorce case in district courts of delhi though special power of attorney. However, there are some points need to be taken care of before going forward in this such as where is husbands family from? What went wrong in the marriage?
Based on which a well thought plan will be devised
In case you need further help or assistance in filing divorce, feel free to contact me.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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