Divorce for Overseas Citizens of India (OCIs) can be a complex process, as it involves both Indian and the country’s laws where they reside. OCIs who wish to divorce their spouse must comply with the divorce laws and regulations of both countries in order to complete the divorce process successfully.

In India, the process of divorce is governed by the Hindu Marriage Act, 1955, which lays down the rules and procedures for divorce among Hindus, and the Special Marriage Act, 1954, which lays down the rules and procedures for divorce among non-Hindus.

If an OCI is married in India, they can file for divorce in India under the applicable act, provided that they meet the jurisdictional requirements set by the court. The process of divorce includes filing a petition, submitting evidence, and attending court hearings. If the court grants the divorce, the marriage will be dissolved, and both parties will be free to remarry.

It is important for OCIs to consult with a lawyer who is proficient in both Indian and the country’s laws where they reside, to ensure that the divorce process is handled in compliance with all applicable laws.

It’s also important to note that the Indian laws recognize only the divorce by the Indian citizens, and the OCIs will have to follow the process and laws of the country where they reside for the divorce and the Indian divorce laws will not be applicable to them.

It is advisable to seek legal advice and assistance from a lawyer who is proficient in both Indian and the country’s laws where they reside, to ensure that the divorce process is handled in compliance with all applicable laws and to ensure that their rights and interests are protected.

It’s also important to note that the grounds of divorce and the process of divorce may vary in different countries, and OCIs must be familiar with the laws of the country where they reside and the country where they got married.

It is also important to note that OCIs are not Indian citizens, they do not have all rights and privileges as Indian citizens and they are not eligible to vote in Indian elections, they are not eligible to hold public office and they are not eligible to buy agricultural land or plantation property in India.