Legal Question in Family Law in India
Married in India under SMA act1954.Both Husband and wife Australian PRs. Lived in Australia for mor 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.But wife flees to India and files 498 A and DV. Now will it be a little easier for the husband to face the Indian courts through an efficient lawyer and Quash such baseless obvious allegations as they have lived abroad for the major part of the marriage and the husband has a clean record in Australia.?
2 Answers from Attorneys
your divorce decree is through. did your wife participate in the divorce proceedings there. If the answer is affirmative then you will certainly benefit from this. contact me at 9312411481.
On your wife's application, the courts in India are competent to declare the divorce decree passed by Australian Court as null and void. Your wife may seek a declaration from courts in India that she continues to be legally wedded wife and the divorce decree obtained by you is not applicable, more particularly if the same was obtained in her absence.
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