Legal Question in Family Law in India

I got married to a person whoc was student in australia in 2004.Marriage took place as per hindu tradition. His father is a lawyer but still was reluctant to get it registed. However My brother got the marriage registered in India. after returning to Australia Husband did not declare this marriage when he put the residency application.late he called me on prospective marriage visa .After my arrival in Australia, he got us remarried in front of celebrant and registed that marriage date ( in 2005 ) in Australia. 5 years later we had a child .this marriage was not honest and healthy due to his lying and irresponsible nature. after birth of child he took us forcefully to India and dumped us on airport. I have filed 498 A for the harrassement given to me for money and fraud in marriage in several occasions.I returned to Australia as child did not have visa to stay in India being australian citizen. now my husband filed Divorce in Australia with Australian registration date( 2005) on the basis of 12 months separation. taking divorce is easy for his as he is not intending to give any marriage jwellery, expenditure, dowry money, alimony/ property chare to me. he intends not to return to India to attend this 498A cases. Can I refuse to give divorce in Australia. I want divorce for the original date and all the rights preserved under Hindu Marriage

Asked on 3/12/10, 2:58 am

2 Answers from Attorneys

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

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as your marriage was first registered under Hindu Marriage Act in India, you can take this plea before the court in Australia that there is no jurisdiction to entertain the petition there. you can file a petition for divorce claiming maintenance and alimony in India then even if he is successful in obtaining divorce in Australia, same would not be valid in India due to pendency of Petition in the Indian Courts.

Answered on 3/12/10, 3:26 am

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