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Uncontested divorce granted today by Australian Court
08-May-2023 (In Divorce Law)
Hi, I am from Australia. I got divorced today, my wife appeared for the first hearing and knowing that the divorce will be granted today she failed to appear and the judge granted divorce uncontested. I would like to know is it same as mutual as I have to file case in India to dissolve the marriage with this judgement. We both are PR holders living in Aus for more than 2 yrs.
Dear Sir
Indian Courts in many judgments held that uncontested divorce decrees granted by foreign courts are not binding on Indian courts. However in your case she appeared at first instance but wantedly not appeared on the date of passing order. You may take such contention if she files any case in India. Please give me Rank FIVE if my answer is convincing
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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You need to file a declaration suit declaring that the divorce granted in Australia court is legally binding thereafter you can initiate any other proceedings against your wife. Uncontested divorce is not same as mutual. Feel free to contact me for further guidance
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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