Legal Question in Family Law in India

Is Australian divorce valid in India?

7 years before i got married in India, under Hindu marriage act. I came alone to Australia after marriage, and I am a permanent resident now. I wanted to apply divorce in India. But since it was a never ending task, I applied in Australian federal court on the grounds of desertion and i got it. My lawyer says that this divorce will be valid in india. but i am not too sure. can you please help telling me if this is valid in india? OR should i apply again in india?


Asked on 11/26/08, 5:45 pm

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Is Australian divorce valid in India?

Hello.

If both the parties consent to courts judgement then it is valid or you have to re apply in India.

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Answered on 12/23/08, 3:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Is Australian divorce valid in India?

A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

In your case, since your wife never lived with you in Australia, the ex parte decree obtained by you may have NO LEGAL FORCE in India.

Rather if your wife comes to know about this decree, she may lodge a criminal case of fraud against you.

Your lawyer is welcome to discuss the matter with you on phone or by exchanging e-mail.

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Answered on 11/28/08, 11:05 pm
Pravin Vaidya Independent

Re: Is Australian divorce valid in India?

Divorce/judgement given by foriegn courts are not valid if other party is not given the opportunity

You will have to apply afrefh

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Answered on 11/26/08, 10:03 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Is Australian divorce valid in India?

Both parties need to consent to that court's jurisdiction

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Answered on 11/29/08, 8:40 am
Nandita Haldipur Haldipur Associates

Re: Is Australian divorce valid in India?

will be valid only if wife has subjected herself to jurisdiction of teh australian court

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Answered on 11/27/08, 8:13 am


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