Lawstreet Journal

Karnataka High Court rules that overseas Indian couples can seek divorce in Indian courts

Lawstreet Journal 2 Mar 2022 1:05am

Image courtesy: Lawstreet Journal Judiciary Karnataka High Court rules that overseas Indian couples can seek divorce in Indian courts

The Karnataka HC recently permitted a British national with an Overseas Citizenship of India (OCI) status to seek divorce in India and file for child custody in a family court in Bangalore while noting that OCIs are treated on par with Non-Resident Indians in many aspects, and are not excluded from seeking matrimonial relief.

The order was passed by single-judge Justice Krishna Dixit who placed reliance on Overseas Citizen of India. In the present case, the husband and wife, both British nationals had a marriage ceremony in India according to Hindu 'Arya Samaj' rites and customs, the husband being a Christian and the wife a Hindu.

Subsequently, they had a civil ceremony marriage in the United Kingdom, which was registered. Their daughter who was born a few years later is also a British national, and since 2006 the couple had been residing in India. Both of them obtained an Overseas Citizens of India Card card in 2017.

In 2018, due to differences between the couple, the wife sought a divorce decree in a Family Court, which the husband challenged on the grounds that only a court in England would have the jurisdiction to do so. His challenge was rejected, upon which he approached the High Court.

Referring to the Apex Court decision in Sabarnanada Sanowla v. Union of India, the Court observed that ubi jus ibi remedium is the operational principle of the system, so once foreigners are lawfully within a territory, they are entitled to certain essential right… Continue Reading...


Tagged: Karnataka high court   Divorce  
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