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OCI wife of indian origin seeking divorce from indian husband


15-Oct-2023 (In Divorce Law)
This is regarding an OCI citizen of india origin (wife) married to indian national (husband) in india in 2016 April. Now the wife is staying in India due to sickness and not working, however the husband (indian national) is overseas and working. what all is needed legally to file a divorce from wife side who is staying in India and what can be the circumstances if husband files a divorce?
Answers (1)

Answer #1
605 votes
There are two ways to file petition for divorce in family court. firstly both husband and wife can file petition jointly on mutual consent basis before the family court. The family court will give them six months date for reconciliation / reconsideration. After six months both parties will be present and file second motion. After second motion the court after recording of statements of both the parties grant divorce.

Second type is of contested divorce which can be file by either wife or husband on the grounds mentioned in 13 hindu marriage act. in this situation it is very much important and necessary to prove the allegations and grounds of the divorce on which the party want to obtain decree of divorce.

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