Home > Free Legal Advice > Question Details

90,000+ Legal Questions Answered

Divorce

OCI Card holder foreign nationals rights in India

My husband, son (4 years) and I are all foreign national & OCI Card holders and would be filling for divorce soon in USA, we were married in India. We all are travelling back to India for some urgent work and our son is joining us. I am afraid that my politically connected husband may file the divorce petition in India and would hold back our son at my in-laws place and I would have to fight the court battle in India, instead of US, while my husband has flexibility in work and can work from home, I am bound to work from my office in US and can't leave the job. What are my sons & my rights in this scenario? can I reach out to local embassy with my concerns in advance? Can the local court ask my son to stay back in India while I travel back to US on pretext of me not coming back. Would the court take into consideration the job role I am in and push for local settlement. If me & my son surrender our OCI How should I take this forward, would request your urgent help on this matter

( Delhi, Delhi )

2 years ago

Reply

Dear Madam,
My answers are as follows:
What are my sons & my rights in this scenario?
Ans: In Divorce case child custody matter cannot be adjudicated. You may file child custody case and get permanent child custody and also interim relief to take the child to US.

can I reach out to local embassy with my concerns in advance?
Ans: Embassy Authorities may ask you approach Family Court.

Can the local court ask my son to stay back in India while I travel back to US on pretext of me not coming back.
Ans: The Family Court having authority to pass orders on merits either in your favour or in favour of your husband in respect of staying of child in India or taking him abroad.

Would the court take into consideration the job role I am in and push for local settlement.
Ans: Yes, the Courts may take care of all such backgrounds of you three people.