My sister who is an Australian citizen has filed for divorce from Australia, her husband stays here in India and has not responded yet to it. She needs to visit India for a week, will she have any legal issues with her husband in India, which will affect her journey back to Australia. They never stayed together after marriage. My sister is an Australian citizen holding the legal Australian Red passport. The Australian government has sanctioned divorce already. Marriage date: December 2012 Divorce filed by her husband on 2014 while she was in Australia, My sister filed replied from Australia in April 2015
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1) your sister would be at liberty to travel abroad
2) if her husband has participated in divorce proceedings in Australia divorce decree would be valid in India
3) if marriage has been solemnised in India , divorce granted in Australia would not be valid if husband did not participate in divorce proceedings in Australia
Her husband did not participate in the divorce proceeding in Australia. she filed it and the notice was sent to his lawyer and they have received it but he never replied to it. we got to know that she will have some issues if she visits India now? if she visits India now for a week and her husband files a case at the local police station or any kind of notice from the court, should she stay back to the India for the proceedings? she has to go back at any cost as per the schedule if her husband creates any issues will she have to stay back in India to answer his notice or if he approaches local police, should our family got to the police station or local court. We are expecting some kind of trouble from him, will that affect my sister's journey back to Australia. she is an Australian citizen, will Indian police have right to question an Australian citizen on divorce proceeding or take her passport and stop her from traveling back to Australia?
1) divorce decree would not be valid in India
2) husband can file petition for restitution of conjugal rights
3) if any criminal complaint is filed against her in India she should apply for and obtain bail from court
4) court can impose restrictions on her travel abroad
5) she can travel abroad with permission of court
1. Decree of divorce granted by foreign court is not binding in India, more so, when its passed ex parte.
2. Apart from this there is absolutely no harm in visiting India by your sister. No criminal case can filed against her which would jeopardize her travelling back to Australia.
3. Please note police has simply no role to play regarding divorce proceedings pending either in India or in Australia.
4. In other words your sister can visit India at any time she likes irrespective of any litigation pending in any country.
hi, only if he files any criminal proceedings, she can be restrained ...but eventually there is no criminal charges that can be filed against your sister ...there would be no problem on her visiting india..
an ex parte is legal and valid. she can execute this foreign decree by indian court. she can file an execution petition under order 21 cpc. her husband cannot file any criminal case because indian court has no jurisdiction under section 2/3/4 of the IPC. your sister has been living in Australia so only Australian court has jurisdiction.
if her husband files divorce case or other civil petition then again she will have no problem because unless summon is served in Australia no proceeding can be initiated. your sister is safe and she can travel in india without any fear.
1. Divorce proceedings initiated by her in Australia shall have no bearing on her stay in India.
2. If any criminal case is filed by her husband against her while she is in India then police has to serve a notice on her requiring her to appear before it for investigation. She cannot be arrested at the drop of a hat. To err on the side of caution she may apply for and obtain anticipatory bail if he does something hanky panky.
3. Law enforcement agencies in India can question citizen of any nationality in India if a complaint is filed against him.
If the marriage between your sister and her husband was dissolved by a decree of divorce, she need not be worried about the matrimonial dispute anymore.
He cannot create any problem to her, if he does then she can lodge a criminal complaint against him with the police and get him arrested.
This is a matrimonial dispute and civil matter.
The police will not entertain any complaint from him in this regard. She will not face any problem in this regard.
Hello,
If both husband and wife have participated in the divorce proceedings then the divorce will be valid in India, further your sister would be at liberty to travel abroad. If the husband has not participated in the divorce proceedings then the same will not be valid.
Regards
If husband has not participated then the divorce proceedings will not be valid in India, the husband may file a case of RCR.
If any criminal complaint is filed against her in India then she can only travel abroad with the permission of the court.
Regards