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Marriage registered in India and divorced in Australia? Can i remarry?


06-Jan-2023 (In Family Law)
Hi, I am a citizen of Australia. I got married to an Indian girl in India acc to Hindu marriage act and registered in India. We started to live in Australia after marriage. After 2 years I decided to get a divorce. Recently I got divorce from Australian court. Also there is a letter of understanding between us that I will not contact her (something similar to restraining order but not same). Divorce is not mutual. She raised an objection for divorce in Australia saying that divorce needs to be sorted in India because its an Indian marriage. The court there rejected her objection and granted divorce as i satisfied the rules there. Her objection is baseless because I launched a divorce case in India too prior to applying for divorce in Australia. She absconded from india at that time but now she she says it needs to be sorted in India. She is a Australian Permanent resident living in Australia. Can i remarry in india to indian girl? what are my options?
Answers (2)

Answer #1
933 votes
Hi
Since you are a citizen of australia and you have been granted divorce as per Australian rules, your divorce is now legally valid.
You can remarry in india to an indian girl without any fear.
your divorce decree in australia is valid.
Answer #2
805 votes
Dear Concerned, You can comfortably without any problem marry an Indian girl. All options are open for you. Make a note that you have already divorced your first wife, whether or not she accepts it! now just forget the past and move ahead. Generally Judgments from foreign courts will be respected in india. Legally you are not in marriage with your first wife.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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