INDIAN COURTS HAVE JURISDICTION TO HEAR OCI DIVORCE CASES

Recently, the Karnataka High Court allowed a British national with an Overseas Citizen of India (OCI) status to divorce and file for child custody in a Family Court, Bangalore. The Court noted that OCIs are treated as NRIs in many aspects, and therefore not excluded from seeking a divorce.

The husband is a Christian and the wife a Hindu, both British nationals, married in India according to Hindu rites and customs. Subsequently, they had a marriage ceremony in the United Kingdom, which was registered. 

A few years later, they gave birth to a few kids, all British nationals. Since 2006, the couple has resided in India. They obtained an OCI card in 2017.

In 2018, the wife sought a divorce decree in a Family Court due to differences between the couple. The husband challenged the same by contending that only an England Court would have the jurisdiction to hear the divorce case. His challenge was rejected and hence approached the HC.

The single-judge Justice Krishna Dixi did not accept the arguments of the petitioner that since both the parties are foreign nationals, Indian courts cannot entertain the matter. To which the court said that "the Government of India has issued OCI Cards to both the husband and the wife; thus, they are no strangers to this country."

The Court said that "...if couples tied knots in India, where the parties are ordinarily residing, the native Courts have jurisdiction to adjudge matrimonial disputes. Parties cannot be asked to go to some other country to seek redressal."