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Oci Card Holder And Indian Spouse

Discussion in 'Married Life' started by mohini16, Aug 5, 2022.

  1. mohini16

    mohini16 Silver IL'ite

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    Hello ladies , so here I am struggling to take divorce from this guy I married in India who turned out to be fraud , forged documents for everything to get married , I left him in 1 month and came back to my resident country ,

    I am Indian by birth but got Naturalized citizenship , at time of marriage my primary residence was not india nor and I am no longer Indian citizen however i have OCI .

    I am trying to find this answer everywhere but no luck , all lawyers give me different opinion ,

    Marriage between OCI and Indian citizen will come under "Hindu Marriage Act" or "Special Marriage Act" ?

    I never registered marriage in India , I only did ritual wedding so he has pictures of ceremony and phera.

    if it is "Special Act" then it is nullified if Hindu then I will have to file divorce based on this

    Can anyone help ? any input will be greatly helpful

    Thanks
     
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  2. nuss

    nuss Finest Post Winner

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    I am not a lawyer and this is my opinion based on my own divorce case.
    It doesn’t matter whether your marriage is according to Hindu Act or special act. It doesn’t matter whether you are an OCI or Indian citizen. Where you live is your jurisdiction for filing the divorce case.

    I was an Indian citizen living in the USA on visa. My ex never came to the USA. Our marriage took place in India before I had moved to the USA so it was according to the Hindu Act and we registered it.
    I filed divorce case in the state of my residence in the USA. I had to prove a minimum of six- month residency in the USA to be eligible to filing my case. When my ex received the divorce papers his lawyer in India sent his rebuttal and the main point was that the marriage took place in India according to Hindu act and can’t be dissolved in the USA. The judge in the US court didn’t consider the argument and said that a marriage is a marriage and can be dissolved whenever the defendant lives and granted me divorce decree and sent a copy to my ex.
     
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  3. mohini16

    mohini16 Silver IL'ite

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    @nuss
    Did he argue after that this "Divorce Decree" is not valid since he was not able to come to USA to fight divorce case ?
     
  4. nuss

    nuss Finest Post Winner

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    Court gave him 2 months to come to the USA if he wanted.
    He did send a letter to the court that decree was not valid but the court ignored his plea. What he said didn’t have any impact on me or my decree.

    I believe he filed a court case in India to get an Indian decree of divorce based on the USA decree but I never received any papers of that effect so I have no idea.
     
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