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NRI divorce and remarried in Australia


07-May-2026 (In Divorce Law)
Hi I am Harman, one of my friends got married in India (currently residing Australia). Her husband was cheating on her with many extra marital affairs. He never came to Australia, but she filed a divorce in Australia by sending him lawyer notice and documents to signed. He returned the documents by signing and got divorced in Australia. She gave him the divorce certificate also. Australia court accepts the divorce, she remarried in Australia. How can divorced be valid in India?
Answers (2)

Answer #1
881 votes
Yes, if both parties consented and participated in the Australian divorce proceedings, the divorce can be treated as valid in India under Section 13 CPC. Since the husband accepted notice and signed the documents, it strengthens the validity. However, for complete legal safety and to avoid future disputes, it is advisable to get the foreign divorce decree recognized/declared valid by an Indian family court.
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Advocate Pankaj Kumar

Adv. Pankaj Kumar

LawRato Mohali | 25+ Answers
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Answer #2
565 votes
* The jurisdiction of the foreign court is recognized under Indian matrimonial law. * The respondent consented to or contested the proceedings. * The ground of divorce is recognized under Indian law. Since the husband signed the divorce papers and accepted the decree, this strongly supports the argument that he consented to the proceedings.
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Advocate Jasbir Singh

Adv. Jasbir Singh

LawRatoJalandhar | 25+ Answers
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