Legal Question in Family Law in India

Hi,

I was married in India u/the Hindu Marriage Act 2 years ago... My husband [who has Australian PR] shifted to Australia in Oct. 2010 and is working there. I joined him in July 2011 on a temporary permit spouse visa.. However Given his cruelty towards me, I'm now keen on a divorce.

Please advise:

1. should I file for a divorce in australia or india?

2. Can I come back to India ? Will i be required to go back to australia for any legal work?

3. if i file a petition in india, what if he refuses to come to attend proceedings? can i still get a divorce?

4. Lastly, given the situation, will we necessarily have to show 1 year of separation and from when can i count this period?

Please help asap! thanks !


Asked on 11/13/11, 6:26 am

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

1. India.

2. You may come back to India and may not be required to go back to Australia for any legal work.

3. You may get an ex parte divorce if he does not appear.

4. You can count one year's separation from the time you separated (even if sleeping in same bedroom).

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Answered on 11/13/11, 8:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

1) India

2)a: Yes b: no

3) if he accepts notice / summons and does'nt appear you can ask the court for ex parte divorce

4) one year separation will be required only for mutual consent divorce.

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Answered on 11/15/11, 1:06 am


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