Legal Question in Family Law in India

Divorce
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.

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.

Asked on 2/02/09, 7:17 am

4 Answers from Attorneys

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

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Re: Divorce

Already replied.

Answered on 2/06/09, 3:31 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Divorce

She may not be entitled to marry without first seeking divorce; you may be entitled to file a criminal complaint against her and her husband in India; and may also seek a declaration from the court that her second marriage is void;

Answered on 2/02/09, 11:22 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Divorce

even though the marriage was registered in australia, it would be considered a valid marriage in india and she cannot marry without seeking divorce. to be on the safer side, you may file a petition for restitution of conjugal rights in the indian courts thereby your fear of her marrying would go.

Answered on 2/03/09, 5:05 am

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