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Overseas divorce validity in India


25-May-2024 (In Divorce Law)
We married in India but now Australian Citizen. The marriage was total fraud in order to gain material benefits, transferred huge amount ofd savings to his personal accounts and dowry which he is denying to give back. He has filed divorce in Australia after commit all this as its one-sided divorce. I am so sad i will lose everything and end up leaving home, stuck and money less. I have contested it and suggested the divorce should be dealt by Hindu act so I get my basic rights or at least they r
Answers (3)

Answer #1
931 votes
The divorce in Australia is not valid if it contravenes Hindu marriage act. As you have already taken the preliminary objections that it be dealt according to Hindu marriage act, so won't be valid. you have all the rights ab available to you as a hindu wife and can enforce the same in India
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Advocate Ajay Garg

Adv. Ajay Garg

LawRato Ludhiana | 100+ Answers
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Answer #2
512 votes
hello ! the foreign divorce decree is valid subject to certain conditions if thode conditions are met. you can arrange a one to one consultantion with me so I can understand and guide you more clearly. Regards Advocate Rahul Kapoor
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Advocate Rahul Kapoor

Adv. Rahul Kapoor

LawRatoAmritsar | 100+ Answers
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Answer #3
588 votes
If divorce is on a ground of irretrievable ground in Australia then that foreign decree is not valid according to Hindu marriage act. You have to challenge that decree in India as it is not valid and not binding upon you. You can claim your dowry and money and get attached his property
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