Legal Question in Family Law in India
My husband is Indian but Australian citizen now. we separated since12 months . He made an application for divorce in Australian court. after Hindu marriage in 2004 in India, he still made me registering marriage again in Australia in 2005 the visa purpose , he has forwarded Australian marriage date for divorce. he do not want to return to India ever for anything.we have 15 months old child together. I am in australia and is not able to travel to India as my ex- husband is not giving permission for child to travel. My question is If this divorce recognized in India. I can not contest this divorce or nullify this Australian marriage date in Australia due to lack of grounds.I do not wish to give divorce and wait for some more time to take counseling and all. however if Australian gives divorce anyhow what can I do in India to recognize it?what about alimony which is not given in Australia?please help I can not afford lawyer in Australia
2 Answers from Attorneys
You may need to fight for your rights in Australia and may not get any relief from courts in India.
if you are in india you can file a petition for divorce and alimony in indian court being an indian citizen. If you don't consent to the jurisdiction of Australian court you can send a letter to them to that effect. As marriage is under HMA i am doubtful about the recognition of divorce by australian court by indian govt.
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