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Is divorce granted in Sydney valid in India


02-Aug-2023 (In Divorce Law)
My daughter was married in Delhi in 2008 under Hindu marriage act. She intermittently stayed in Sydney with husband and finally came back to India in 2018 when the relationship worsened. Her husband applied for divorce in Sydney court in 2020 and divorce has been granted. Her husband is an Australian citizen and My daughter is Indian citizen. Husband is in Sydney and my daughter is in Bangalore. Can My daughter claim to be divorced ??
Answers (3)

Answer #1
561 votes
A decree of divorce by foreign court on ground irretrievable breakdown of marriage is not valid in India because this is no ground of divorce under HMA. No decree of divorce can be obtained from foreign court on ground not available under HMA. Feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
834 votes
Your daughter has to get the divorce decreed in the local Bangalore court after which the divorce will be held valid in India as well for legal purposes. Orders passed in other jurisdictions are recognised in India. the process is not very complex so you may hire a local lawyer for the same.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #3
662 votes
Since the Hindu marriage Act is applicable in your case a valid divorce can be given by Indian Family Court An Ex parte foreign divorce decree is not binding on her she can claim her rights and also ask for settling aside of the same you can take an online consultation for further discussion as in few cases peculiar case facts also decide the right course
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRatoDelhi | 200+ Answers
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