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How can I contest a divorce from India that is filled in Australia
15-Aug-2023 (In Divorce Law)
Hi , My husband resides in Australia since 3 years. We got married last year in India and due to visa processing time I was unable to go to Australia. I briefly stayed there but had to return. Now my husband has sent me the divorce papers citing that we didnt stay together since 1 year and our marriage has broken down irretrievably. from what i understand is that if I have to contest this divorce I have to go to Australia and can not do it from here. Is there anyway I could contest my divorce from India. I read it somewhere that if I contest a divorce here, he cant get a divorce decree in Australia and he will also have to contest it. How can the Indian court/ law help me in this case. From what I feel is that if he gets a decree in Australia he will get married there itself and probably would never come back. I am look for some options and suggestion so that he does not get the divorce decree in Australia. thanks in advance
In case you got married in India, in such a case divorce has to be filed in India but if you want to stop your husband to file a divorce in Australia and get orders for divorce from there, the first and foremost thing you must do is to file a petition like petition for restitution of conjugal rights under section 9 rightaway and furrher more you must file other relevent cases as well to restrain your husband to get any decree in Australia against you.
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Adv. Naman Gupta
Delhi | 200+ Answers
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In those circumstances you shall file an appeal before High Court seeking for stay in the proceedings of divorce in australia. Your husband cannot unilaterally take the relief of divorce from a foreign as it is against the law of the Indian legal system. The marriage shall be dissolved according to Hindu marriage act and the Indian Court would recognise it as a valid decree of divorce.
Meanwhile you can file a suit for stay of divorce proceedings at australia in high court of your state and shall also seek maintenance and restitution of conjugal rights at your local district court.
Meanwhile you can file a suit for stay of divorce proceedings at australia in high court of your state and shall also seek maintenance and restitution of conjugal rights at your local district court.
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Adv. Sanjucta Kabasi
Delhi | 25+ Answers
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If the marriage solemnised in India or if your husband files for divorce , in both cases the jurisdiction lies in India under S.19 of the Hindu Marriage Act.
If you wish to file for a divorce , you can do so. The other option available is filing for a decree for restoration of conjugal rights, which is a court mandated order for your husband to resume his matrimonial ties with you, unless he is able to prove that the marriage has broken down.
If you wish to file for a divorce , you can do so. The other option available is filing for a decree for restoration of conjugal rights, which is a court mandated order for your husband to resume his matrimonial ties with you, unless he is able to prove that the marriage has broken down.
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Adv. Ashima Mandla
Delhi | 25+ Answers
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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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