Key takeaway
Becoming a foreign citizen and taking an OCI card does not undo a marriage made under Indian law or take away rights in Indian property. Indian courts can still hear divorce, maintenance and custody cases involving OCIs, and a foreign divorce must satisfy Indian rules to be recognised.
Marriage and divorce
- A marriage solemnised under an Indian law, such as the Hindu Marriage Act, continues to be governed by that law for many purposes, even if both spouses later become foreign citizens.
- A foreign divorce is recognised in India only if it satisfies Section 13 of the Code of Civil Procedure — the leading case is Y. Narasimha Rao v. Y. Venkata Lakshmi (1991).
- OCIs can file or defend divorce cases in India where Indian courts have jurisdiction.
Maintenance
Maintenance can be claimed by or against an OCI under Indian law. Courts consider income earned abroad and the cost of living there.
Children
- OCI registration of a minor generally needs the consent of both parents, which can become an issue during separation.
- Custody is decided on the child’s welfare; India is not a party to the Hague Child Abduction Convention.
- Adoption by OCIs follows the CARA process, generally through the inter-country route.
Property and inheritance
- OCIs can inherit any property in India, including agricultural land.
- They can buy residential and commercial property but not agricultural land, plantations or farmhouses.
- Succession to Indian immovable property is governed by Indian law.
Things to watch
- OCI rights are set by government notifications under the Citizenship Act and can change — check the official portal.
- Criminal cases in family disputes can affect travel; take advice before visiting India.
Frequently asked questions
Is my foreign divorce valid in India?
Only if it meets the conditions in Section 13 CPC; take advice before remarrying.
Can my spouse block our child’s OCI?
Consent of both parents is generally required; a court order may be needed if one refuses.
Do I lose my share in family property by becoming a foreign citizen?
No, inheritance rights continue.
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References
- Citizenship Act, 1955 — Sections 7A–7D
- Code of Civil Procedure, 1908 — Section 13
- Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451
- Foreign Exchange Management (Non-Debt Instruments) Rules, 2019
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
