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Re: Divorce process for Australia/India and is it applicable?


29-Jun-2023 (In Divorce Law)
I am an Australian citizen & my wife is PR and we are having a kid. we married in India (Hindu Marriage). We are living separately for the last few months. She is living in India with her parents. As per Australian divorce law, I can apply for a divorce as an individual applicant with or without her if we are living apart for 12 months or more in Australia. If I got a divorce in Australia. will it be applicable in India? what hurdles I can expect from her? do my parents needs to face any legal issues, while I am not there? I am not into the concept of remarrying again ever in my life. requesting advice on the legal proceedings for Australian and Indian divorce law. Has any expert faced a similar case before? Thanks In Advance.
Answers (3)

Answer #1
828 votes
Good afternoon It will be valid. However, there are a few hurdles for an anti injunction suit. It’s a bit technical so I suggest we discuss this in further detail. Please feel free to get in touch. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #2
914 votes
If both the spouses are residing in Australia, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
990 votes
foreign law is not applicable in Hindu marriage act . If u want divorce u have to file in India and wife can file maintenance case against you. She can also file Dv act against you and your family . For more details of divorce process and defending your case free to call me.
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Advocate Anupama Sharma

Adv. Anupama Sharma

LawRatoDelhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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