Legal Question in Family Law in India
Married in India under SMA act1954.Both Husband and wife Australian PRs. Lived in Australia for more than a year after marriage.Child born in Australia . Now if the husband applies for a divorce in Australian courts and obtains the divorce decree.Now wife flees to India and files 498 A and Domestic violence case against the husband.These are criminal cases .As they have lived in Australia for the major part of the marriage and the husband has a clean record in Australia. Will the Australian law protect the Husband ( an Australian PR) from the gender biased laws of India .Or will the Australian law abiding permanent resident be forced to come to India to face the false498A/DV cases against him. / or can he appoint an Australian Attorney to represent him in India./ or an Indian Attorney.Kindly give a detailed answer!
2 Answers from Attorneys
you have been married as per the special marriage act in India therefore the laws are applicable to you even though you may be residing abroad. If you have a good case you can file for the quashing of the complaint case in the High court. It would be better you appoint an Indian attorney to defend your case.For further queries contact 9312411481
You are still governed by the Indian laws and your wife is entitled to seek her rights in India. It may be better for you to seek divorce in India and defend your self in criminal cases, if any, that may be filed by your wife.
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