Legal Question in Family Law in India

Is indian divorce valid in australia if husband is now australian citizen & wife is PR of australia.

Both are married in india.

Thankyou sir for the reply.

Firstly boy & the girl was married in india under the Hindu Marriage Act.

Before marriage boy the boy was having PR status for australia & the girl was indian citizen

after marriage both were settled in australia & the boy got the australian citizenship & the girl is now having PR status in australia.

They have not applied for any divorce in australia mutually or by any means.

But both of them came to india & applied mutually for divorce on india.

The court has given 6months time.

Now the only confusion is that :

Can a australian citizenwho was indian before can apply for divorce in india & secondly is this indian divorce valid in australia.

Please advice in detail.

i will be highly thankful & obliged.


Asked on 6/09/12, 8:48 pm

2 Answers from Attorneys

www.lawconcern.com S.Seshadri www.lawconcern.com

Based on facts, Your divorce is valid in India. Please consult a lawyer in Australia to know if it is valid there. Obviously this query arise because of some development post the divorce decree passed by Indian court. Please explain that to get advice..www.lawconcern.com

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Answered on 6/11/12, 6:40 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as you were married in India as per HIndu Marriage Act and you sought divorce under the same law, you divorce is valid in India and the same can be validated in Australia by filing an appropriate petition.

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Answered on 6/13/12, 11:17 am


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