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marriage in india and divorce in australia is valid india
18-Sep-2023 (In Divorce Law)
I am asking on behalf of my brother whose PR in Australia , got married one year back. after his marriage girl stayed for 10days in India and then flew with him at Australia . she tortured him so much that every second day he was in tears and above all when we called girl family that's all in vain . they were supporting her daughter and we have all the recording that she left the place and flew back to India and doesn't want to stay with him . now after 4 months she want to stay with him which is clear indication that she's just doing for PR .
in short my brother doesn't want to stay with her but now she doesn't want to give divorce and top of that she's asking for 25 lakhs to give him divorce .
if my brother gives her divorce from Australia . will it be valid in India and can he remarry again .
thanks
Dear querist, I have gone through your query and have understood the issue involved here. Firstly your brother is an Indian citizen and irrespective of his NRI status he still would be governed by indian laws here in India. Yes you can serve a divorce notice from Australia also but the proceeding will be in India. Hope this helps. Feel free to contact me directly if you want any further clarifications.
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Adv. Deependra Singh
Delhi | 25+ Answers
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What happens when you divorce in Australia?
The Court will grant the divorce at the hearing and issue a final order. The order becomes legally binding one month and one-day after it is issued. Both partners will receive a Certificate Of Divorce from the Court. Your marriage is now dissolved. 24-Jul-2023
Can we apply for divorce in India from abroad?
Even if the marriage took place in India, the divorce can still be filed and settled outside of India. Section 13 of CPC states that any foreign judgment is conclusive and valid in India, if certain exceptions are not met.
Will my foreign divorce be recognized in India?
Sections 13 and 14 of the Civil Procedure Code provide that a divorce decree issued by a Foreign Court will be considered legal, valid, and binding by Indian Courts. Section 13 lists the conditions under which a foreign judgment is not valid.
Can Indian citizen get divorce in Australia?
In Australia, international marriages are recognized. This means that as long the marriage certificate is in English or has been translated into English by NAATI translators, an Australian court can accept it as evidence for divorce.
No it will not be valid there are different laws which are to be followed in the country’s if u follow Australia law then can he give the divorce there only and then he can follow the Australia law and then after divorce he can. Marry then or if he comes to India then he will have to follow the Indian law and follow it
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Hello client hru.as Ur saying tht Ur brother lives in Australia with his wife .the marriage took place a year back in India only.but the couple after Marriage lived in India another more then for 10days after they they both left to australia.after reaching Australia Ur brother is been tortouched by her wife in all thepossible ways always. After that she flew back to India now after 4months now she again want to join Ur brother back in Australia with intension of using the benefits of PR status of Australia if your brother give her divorce in Australia then it will not be valid in India for him he have to file divorce in I Dia only then only it so possible.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hi,
There are a couple of aspects regarding your query which need to be certified before-hand.
1) It's not entirely clear whether your brother and his wife were married in India or in Australia, as you mention that subsequent to the marriage, his wife stayed in India and then flew to Australia. It's always better to clarify. However for the sake of argument, if the marriage has taken place in India, then yes, once divorce is granted it will be valid in Australia and vice versa. If a court in Australia has granted a divorce, unless it is set aside by a competent Court in India, it will be valid. Also whether both your brother and his wife are Hindu and where they were married in India.
2) In order to initiate divorce proceedings, your brother and his wife ought to have been living separately for a period of 1 year. However, this period is extremely crucial to take down -recordings, email messages, and build a train/trail of evidence upon which you can claim cruelty and divorce proceedings.
3) There is also an option of seeking a divorce by mutual consent where both parties amicably resolve conflict and get divorced.
4) Yes he will be allowed to remarry after obtaining divorce, any marriage before that will be declared null and void.
Do let me know how you wish to proceed as I've handled these matters before.
There are a couple of aspects regarding your query which need to be certified before-hand.
1) It's not entirely clear whether your brother and his wife were married in India or in Australia, as you mention that subsequent to the marriage, his wife stayed in India and then flew to Australia. It's always better to clarify. However for the sake of argument, if the marriage has taken place in India, then yes, once divorce is granted it will be valid in Australia and vice versa. If a court in Australia has granted a divorce, unless it is set aside by a competent Court in India, it will be valid. Also whether both your brother and his wife are Hindu and where they were married in India.
2) In order to initiate divorce proceedings, your brother and his wife ought to have been living separately for a period of 1 year. However, this period is extremely crucial to take down -recordings, email messages, and build a train/trail of evidence upon which you can claim cruelty and divorce proceedings.
3) There is also an option of seeking a divorce by mutual consent where both parties amicably resolve conflict and get divorced.
4) Yes he will be allowed to remarry after obtaining divorce, any marriage before that will be declared null and void.
Do let me know how you wish to proceed as I've handled these matters before.
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Adv. Anuj Nair
Delhi | 200+ Answers
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Hi,
In this regard your brother can file a divorce petition in india on the ground of cruelty. On the other hand, she may file a case for maintenance or domestic violence as well. For more information,feel free to have a word with me. All the best.
In this regard your brother can file a divorce petition in india on the ground of cruelty. On the other hand, she may file a case for maintenance or domestic violence as well. For more information,feel free to have a word with me. All the best.
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Adv. Sahej Uban
Delhi | 500+ Answers
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According to Indian law, your divorce decree issued by an Australian court in relation to a marriage that was solemnized in India does not have legal validity. You need not worry about this as an Australian citizen, and you will not return to India.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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