Living in Austrailia on student visa want to file a case of divorce

Hi..I am on student visa in Australia. Ots been 9 months I am here. My child and husband are on dependent visa. Due to differences I want to file divorce. Where should I file same? India or Australia? If India, do I need to b present while filing same or I can get the papers ready and sign them in Australia.

Answers (2)

256 votes

Since your marriage has taken place in India, your divorce petition shall also be filed in India.
There are two types of divorce proceedings
1) Divorce by mutual consent
2) Contested Divorce on ground of cruelty, adultery,mental disorder, physical incapacity etc.
You need to be present in India and sign affidavit in case of Mutual Divorce but papers can be prepared even if you are out of India. But at the time of filing of divorce petition, both the party should be present in India.
However, in case of contested divorce it takes place only when both the party are present in India.

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321 votes

You can file a divorce case at the place: i) where marriage was solemnized; ii) where you and your spouse last resided together in India. If marriage has been solemnized in India, divorce case also needs to be filed in India. Even if you get a divorce in Australia, it will not be enforceable until executed through Indian Courts.
Your representative (through Power of Attorney) can attend the court proceedings in India on your behalf. Your presence initially is required to get the PoA registered, rest can be taken care from Australia itself.

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