Divorce done in Australia and wife claiming maintenance in India

935 votes

The marriage was solemnised in India. Even if the court has dissolved the marriage through a decree of divorce in Australia. She can still file for the maintenance for herself and the child. The maintenance petition can be challenged on merit, if she is a working women or if she has the sufficient means to maintain herself and child. Indian courts will admit the the judgment of Australian court and the marriage will be considered dissolved. However you have to contest for maintenance case either in person or through your attorney in India. Thanks

Advocate Ajit. K. Mishra LawRato

750 votes

As per Indian law, marriage registration is not compulsory therefore, your registration done in Australia will not have any effect in India. Since your marriage was solemnized in India, divorce will have to be granted by Indian court. Divorce granted by any Australian court shall not be binding in Indian courts as Indian courts do not have jurisdiction over foreign courts. Your wife can file for divorce in Delhi and she is also within her rights to claim maintenance from you for herself and minor child as you are not seeking custody. Remarrying after divorce if granted by Australian Court will be considered INVALID.

Advocate Vishal Saxena LawRato

943 votes

First of all, both of you are married as per hindu rites and ceremonies and tgerefore dissolution of marruage is permitted in any country if it recognizes hindu marriage act of divorce. If in the country of australia, dissolution of hindu marriage is provided in court of law then only the decree of divorce is valid in India or else the divorce would be having no validity at all. If there is a mutual settlement between you and your wife then there is no issue but it is better to seek divorce from India as the marriage is solemnized in India as per hindu rites. I would recommend you to seek divorce in India because court in India does not recognize divorce on foreign land if it does not happen according to hindu marriage act. In that case, your wife may seek annulment of the divorce decree in India and you would be in trouble.
Divorce procedure in India is very simple and hassle free given your spouse consents to it. Yes, you have the obligation to maintain your child and wife even after divorce and you can seek visitation rights which is generally permissible by the court in India.

Advocate Sanjucta Kabasi LawRato

542 votes

As your marriage was done in Delhi. according to hindu ceremony, However same is registered in Australia further you were living separately since long back as you stated and before coming back to India if your wife gets the residence ship in Australia Then your Divorce decree is valid . otherwise She is entitled to get maintenance for herself and your children or she can file a case against you for domestic voilance etc , you have to take the divorce in India

LawRato LawRato