Legal Question in Family Law in India
I am an australian citizen, got married to an indian national, in india, as per the hindu rituals, marriage was registered under the hindu marriage act. We lived together for a month, I came to Australia, she got the spouce visa but never came to Australia. After a seperation of over an year I applied for divorce in Australia & Got the divorce on undefended basis. Lady has applied for divorce in india after she got the summons from australian courts. IS MY DIVORCE DECREE FROM AUSTRALIAN COURT VALID IN INDIA.
1 Answer from Attorneys
No, your decree in Australia may not be valid in India as your marriage was solemnized under Hindu Marriage Act and the divorce also needs to be granted under the said Act. it is better if you file a suit for declaration that the decree passed by australian court be recognized in India. you may file the declaration in the civil court where your wife is residing or where the divorce filed by her is pending.
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