Legal Question in Family Law in India

Hi there, I used to be a citizen of India. Now I am a citizen of Australia. I got married to an Indian girl in India acc to Hindu marriage act and registered in India.

After about a month of marriage in india we both started to live in Australia. After 2 years I decided to get a divorce as i could not taker her mental torture any more. Recently I got divorce from Australian court.

All together its been more than 3 years that we have been living apart. Also there is a letter of understanding between us that I will not contact her and If I do contact her its a criminal offence.

Divorce is not mutual. She raised an objection for divorce in Australia saying that divorce needs to be sorted in India because its an Indian marriage. The court there rejected her objection and granted divorce as i satisfied the rules there. Her objection is baseless because I launched a divorce case in India too prior to applying for divorce in Australia. She abscounded from india at that time but now she says it needs to be sorted in India.

She is a Australian Permanent resident holder and living in Australia.

Questions

1. Can i use the divorce i obtained in Australia and re-marry in india?

2. Can I make Australian divoce register in india to make it legal in India?

If not what are my options. Please help. Really appreciate any help and suggestions

Thanks

Sunnyba


Asked on 1/05/17, 2:02 pm

1 Answer from Attorneys

In your situation, the decree of divorce granted by Australian court needs to be authenticated by indian courts. You can file the authentiation suit in India on the basis of the decree duly notarized by a notary there. As you were married in India, your divorce should also be granted according to Hindu Marriage Act else your second marriage may attract the offence of bigamy.

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Answered on 1/06/17, 12:26 am


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