Legal Question in Family Law in India

2 years before I got married to an Australian citizen under Hindu marriage act in India.After our marriage my husband went alone to Australia and he applied for divorce in Australian federal magistrate court and last year he got divorce decree.My question is, is this divorce decree valid in India? My husband is a permanent resident of Australia and he is not ready for divorce by mutual consent.So please help me to tell that what should I do now?I want to file ex-parte divorce,so please tell me how long it will take to get decree?

Thank you very muh.


Asked on 3/27/13, 12:26 pm

3 Answers from Attorneys

Mam. You got married your husband as per Hindu Special marriage Act in India ,thuogh your.former husband belongs to australian after the marriage solemnized in Hindu Law he was entittlle as an indian cityzen. Further when both spouse were already living in india as husband and wife for some period so you must file a Divorce application in indian family court where you reside or where the marriage was solemnized. Since your formerhusband obtained divorce in australian law you need not bother about that because you are noy goiing to live with him.so you have at liberty to file a Diverce petition immediately inorder to get a decree from the court then only you would be free from this present tension life.Also you can file damages against him. Please read Domestic vilence Act 2005

I.Ganesan advocate . ([email protected]). 09443304902

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Answered on 3/27/13, 6:44 pm
Jayesh Desai Jayesh Desai

Although the Indian law does not recognize the Australian Divorce, but practically there is no way Indian Courts can do anything about it. Based on the said divorce, you can ask for divorce in India.

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Answered on 4/06/13, 9:42 am


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