LawRato

NRI-Australia (Questioning behalf of a friend)


28-Jun-2023 (In NRI Law)
My friend is an Australian Citizen - Indian born and His wife is PR in Australia (sponsored by him). They are Married in India under Hindu marriage and it's been 8 years of married life with a kid. due to lots of conflicts between them and family issues. Now he wants to get divorced in Australia and his wife is not agreeing to take a divorce or not in contact with him and took the child with her to India. it's been over 10 months since she's been staying at her parent's place. My friend and family tried to patch it up and it did not work. Now, he had enough of these situations and conflicts and he does not want to go through an Indian divorce system as it will take years to resolve all the stuff. He decided to take a divorce in Australia. is it possible without her wife being present in Australia? is the divorce granted valid in India? will there be any issues escalating? if she files police cases against him or his parents in India? Please advise all Pro's & Con's Thanks.
Answers (2)

Answer #1
943 votes
It can perhaps be stated that a Hindu couple married in India would be well advised to seek a divorce from an Indian court only. It would Not be possible for you to seek a divorce abroad in absence of your wife. Consent of the non applicant submitted to the jurisdiction of the court is mandatory. probably will Not be valid. Yes since the marriage was solemnised in India, she can file a complaint to the CAW cell seeking registration of FIR under section 498A against you and your family members, Further she can file a complaint under DV and also seek maintenance. You may seek a detailed consultancy
Helpful? LawRato LawRato
Answer #2
911 votes
Good afternoon. Given the limited facts. I suggest you go for a dissolution of marriage by mutual consent. An ex parte divorce decree (decree without a party being present/ wanting to appear) is a bit tricky and difficult. Hence it is better if we explore getting a mutual consent divorce in India. The appropriate timeline is about an year.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."