Legal Question in Family Law in India
Divorce in australia
I got married under hindu marriage act.My husband works in australia on temporary work permit visa.Though the marriage was solemnised in india he filed for divorce in australia.I want o declare this divorce void in india as marriage was solemnised in india under hindu marriage act.
1)what i have to do to declare divorce as void in india?
2)do i need to file petition to declare divorce as void after my husband gets divorce decree in australia and sent it to me or now when the divorce case is pending in australia?
3 Answers from Attorneys
Re: Divorce in australia
The divorce decree of australian court is not valid in India.At this stage you cannot file that petition but you can file it when your husband get that divorce
Re: Divorce in australia
the aus court has no jurisdiction to give divorce. File petition in india immediately.
Re: Divorce in australia
You may file a suit in India praying that the proceedings pending in Australian court be declared null and void and inconsequential without affecting your matrimonial rights in any manner and for a declaration that you continue to be the legal wife of the defendant. You may also claim maintenance and other ancilliary reliefs, including property division etc..
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