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Injunction not to initiate Divorce in Aus against Indian Hinduspouse


16-Oct-2023 (In Divorce Law)
Sir/ Madam, My husband is an Indian citizen with Australian Permanent residency I am an Australian Citizen with an OCI cardholder and I have a minor Son . we got married in India under the Hindu marriage act and special marriage act. Myself and my son have initiated proceedings in India against my husband prior to his divorce proceedings. An Injunction Order was granted in India not to Initiate Divorce proceedings in Australia. The proceedings are also related to matrimonial disputes, property, and custody.However, I contested, based on the Jurisdiction however the Australian Courts did not consider the Indian jurisdiction despite the Injunction order by Indian Courts the Aus Court granted Divorce. Now I have made an appeal without an Aus lawyer to stay the Divorce as there is no experts in Indian Laws to represent my case. He is also charged with 498A, Is it legal to get a Divorce when an Injunction in place against an Indian by Indian Court. My chances to win pls advice
Answers (2)

Answer #1
818 votes
Good afternoon sir/ madam

I have perused your query and I understand that you are seeking legal advice. However, to understand your issue better, I would be needing more information and facts from your end. Please feel free to get in touch to discuss.

Regards
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Answer #2
543 votes
Kindly please share the credentials of the location where the case actually falls and only after receiving the proper information a proper legal advice can be given to you . Also a separate vakalatnama will be filed to which i will be authorised to represent you before the court.
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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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