Foreign court grant divorce to couple married under HMA in Australia


sir My husband and I am permanent resident of Australia from 2012. due to domestic viloence and dowry demand i hd to lodge police complaint in India and based on my evidences invetsigation occured for 1 year and then FIR was lodged. Now my husband filled for the divorce in Australia and showed false affidavit of living two years apart. I have evidences that separation date an dperiod is disputed. I filled my objections with hindu marriage law of 1955 and also that my husban dmade the fals eaffidavit of separation and i have proofs. I also explaine dabout criminal and civil procceedings onging in India but judge did not considering anything. afte rreply now i got a lette rthat very soon we have two hour hearing in which court will grant the divorce. if hindu couple can getdivorce by hindu law then how come w ecan rais ethis law in foreign court where no one is caring? It is nw impossible to get justice

Answers (2)


230 votes

There are so many things I have to presume you both are in Australia and presume that you are citizens there then your divorce proceedings are governed according to law there then hindu law is not applicable if you are contesting the case you can prove that his affidavit is false then i think divorce will not be granted


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71 votes

Dear, as per law your divorce should be as per Hindu law but there is condition that if you contested the divorce even if it is in Australia as per their law then that divorce will be valid in India. Only one sided divorce is not valid. But there are many points and judgments of supreme court of India, which could help you.

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