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Overseas Citizens of India can move Indian courts for divorce against OCI partners: HC

Dismissing the petition, Justice Krishna S Dixit said the wife has been residing in the court's jurisdiction
Last Updated 02 March 2022, 21:12 IST

Overseas Citizens of India can approach appropriate courts in India for matrimonial relief against their partners who also have OCI cards, the High Court of Karnataka has ruled.

Dismissing a petition filed by a Briton who holds an OCI card, the court held that the exclusion of certain rights under sub-section 2 of section 7B of the Citizenship Act does not cover the right to seek matrimonial relief at the hands of native courts.

The couple — Christian husband and Hindu wife, both Britons — got married in Mumbai in 2000. A civil marriage ceremony was subsequently held in the UK and a certificate of registration was also obtained. The wife obtained the OCI card in June 2006 while the husband got it in July 2017.

In April 2018, the wife filed for the dissolution of marriage and child custody. The husband applied for dismissal of the case, arguing that only English courts have the jurisdiction to do so. After the Additional Principal Judge, Family Court, Bengaluru, dismissed his application in September 2020, he petitioned the high court.

Dismissing the petition, Justice Krishna S Dixit said the wife has been residing in the court's jurisdiction. He also pointed out that notifications issued by the Centre on April 11, 2005, November 5, 2007, and January 5, 2009, treat OCI cardholders on a par with NRIs.

“It is said tritely that the soundness of a proposition can be adjudged by contemplating consequences of the opposite; the contention of the husband that the wife should go to courts in England to seek dissolution of the marriage that has been solemnised in India and in accordance with Indian law, if countenanced, virtually amounts to denying matrimonial relief to her and thus compelling her to remain in the wedlock, which otherwise she could have worked out her remedy against; it has long been settled that the contention as to exclusion of jurisdiction of courts is seen with jealousy and that a heavy onus lies on the asserter,” Justice Dixit stated.

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(Published 02 March 2022, 20:00 IST)

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