Airoli Estates 08 May 2024

Divorce of OCI couple in India

Scenario:
1. Both husband & wife born, raised and married in India.
2. Parents and siblings of the couple are Indian Citizens.
2. Husband & wife move to Singapore in the year 2000 and now hold Singapore Citizenship along with OCI, (Overseas Citizenship of India).
3. Husband's self acquired properties (3 apartments) are in India. Husband has only provident fund as asset in Singapore.
4. The couple has 2 adult daughters and both the daughters are citizens of Singapore by Birth and financially independent.

Query:
1. Can wife file for divorce in India? Is the procedure same as it is for Indian citizens?
2. Can wife attach global assets of Husband if divorce is filed in India?

Reply Follow

6 Replies

Mr. Sumitra kumar (Advocate) 08 May 2024

Before going to Singapore, you must have registered your marriage under Special Marriage Act 1954. is that the case?

Thank you.

Airoli Estates 08 May 2024

Thank you for your reply. let me answer your question.
The couple got Married in 1996, as per Hindu rituals and registered their marriage. "CERTIFICATE OF MARRIAGE (SEE SEC 13) .....UNDER DECLARATION REQUIRED BY SEC 11 OF THE ACT"....this is what the certificate reads.

Mr. Sumitra kumar (Advocate) 08 May 2024

Ans-

1. Yes

2.Yes

However, there is a consulate office in Singapore. You may visit there.

Note- You can say thanks by clicking on thanks button.

Thank you.

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T. Kalaiselvan, Advocate (Advocate) 08 May 2024

The proposed divorce case can very well be filed in India since the marriage was solemnised in India as per Indian laws.

Just being the foreign citizens, they are not restricted to file the divorce case in India because their marriage is recognised valid by Indian laws

However the divorce in India cannot entitle any rights to the wife to have a share in her husband's property either in India or outside India.

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Airoli Estates 10 May 2024

@SumitraKumar sir, you have said "yes" that wife can attach global assets and claim her share, whereas @T.Kalaiselvan sir says that wife is "not entitled" to have any share in husband's property.
iam confused. could you pls shed some light on this. thank you in advance.

Mr. Sumitra kumar (Advocate) 10 May 2024

Learned member T. Kalaiselvan has just pointed out that wife doesn't have right over any property owned by the husband when divorce petition is filed. I have said the same but in light of grant of maintenance. The court can attach global properties owned by the husband on request of wife to attach global assets while deciding the question of maintenance amount.

Hope that clarifies any doubt!

Thank you.

1 Like