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Where should divorce be filed in case living in Australia for 25 years


10-Oct-2023 (In Divorce Law)
Hi, I got married in India.Been living in Australia for over 25 yrs.Can I apply for divorce in India?Have checked the Australian govt site (www.federalcircuitcourt.com.au) and it mentions that overseas application should be in accordance to S(104)7 of family law act 1975.Please confirm.I am Hindu.Thankyou.
Answers (2)

Answer #1
630 votes
You can file for divorce either in India or in Australia. It is allowed in both countries. As per your convenience you should decide. it is better you file it in Australia as you have been staying there and the Divorce awarded in australia would have authenticity in india
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Answer #2
526 votes
If your marriage is solamnised in india, you can file petition for divorce in India in the court (city) where marriage was solamnised....here, it is pertinent to note that in India 'last resided together' is one of the criteria for jurisdiction for Hinu Marriage Petition....you can manage it by working smart
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