Legal Question in Family Law in India

Divorce Question

I got registered married to my partner about a year and a half ago in Australia. She is india for the last 10 months and has now asked for a divorce. I am an NRI (dual passport holder) and she is a Australian Permanent resident. I am a catholic and she is a hindu

The queries i had was can she remarry without filing for the divorce ? and if she does what actions can i take in an indian court? From what i understand an indian court will not have jurisdiction as the marraige was registered in Australia.

Also can i file a petition for restitution of conjugal rights in the indian courts ? Or is this applicable only under the Hindu marraige act?


Asked on 2/05/09, 10:26 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce Question

You are repeating your question. I stand by my previous opinion. You may have no jurisdiction to seek any matrimonial relief in India if the marriage was ceremonised in Australia.

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Answered on 2/06/09, 7:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce Question

Hello.

(1) She cannot remarry without obtaining a divorce with you.

For other queries you need to show the details of the marriage or please mail me on my mail address with few more facts to formulate some advice for you.

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Answered on 2/06/09, 12:24 am


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