Legal Question in Family Law in India

27.04.2012

Dear Sir / Madam,

You have not mentioned whether the wife has already acquired Australian citizenship. If she has already acquired Australian citizenship by virtue of her marriage to an Australian citizen of Indian origin in Australia, the law in Australia will precede over the law in India, even if the marriage nuptials were held in India.

The wife's contentions of domestic violence in her defence of the case will have to be submitted and proved by her to the Court in Australia, backed by proper evidence of police complaint(s) she had then lodged in Australia against her husband, for domestic violence committed against her whilst she was in Australia.

If the post marriage period was very brief and the wife returned back to India prior to her submission of papers for Australian citizenship, and she was purely on a visit visa to join her husband in Australia after her marriage, her cases registered in India against her husband will entitle her to obtain a legal separation decree in India.

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Regards,

as the marriage was solemnized in India, the divorce by Australian court is not valid in India. even if the boy has obtained divorce by Australian courts, a declaration needs to be filed in india for validating the same. regarding continuation of cases, the boy can be represented by a counsel here in India.

Usually matrimonial cases can be filed in either the place where marriage was solemnized or where the parties reside lastly when the cause of action arose or where the person concerned was residing at the time of filing the case. In this case both have jurisdictions to file the case. In their respective cases, the other parties have to enter appearance and defend themselves. Thus you can follow your case and make the husband come here and also if possible ask for transfer of the divorce case to India. On the other hand you can enter apperance in Australian court and file a Petition to get the case transferred to India. But on any account you file all the certified copies of the papers filed in the court in India and fight the same.

Have to seek divorce in India as the marriage was solemnized in India.

Even you can try to get the case transfered from Australia to India.

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DEVANSH BHARDWAJ

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