If the order of the Australian Court has not been challenged, and the divorce has been granted on the grounds as specified in the Hindu Marriage Act and is not a no fault divorce then you may go ahead and get married in India.

Regards

Your divorce decree is not valid in India

2) your wife did not participate in the divorce proceedings

3) you cannot remarry in India

4) you can file petition for declaration that marriage is dissolved by divorce decree passed by Australian courts

Since your wife never travelled to Australia, she had no occasion to defend the divorce filed by you in the Australian Family Court.

You are advised to file declaration suit in India in the Family Court under section 7 of the Family Courts Act and seek a declaration as to your matrimonial status that you are a divorcee. Go ahead with the 2nd marriage thereafter.

Hi,

You must get your divorce ratified by the family court of the area or the place were you got married to complete your Divorce.

As soon as you get the decree in India and your wife does not opt to appeal against the decision with in the time limit allowed for the appeal, you may go ahead to remarry any where even in India.

1. Your ex-parte divorce decree approved in Aus. is not valid in india.

2. File plea with local jurisdictional court to approve your Aus. divorce decree.

Hi, the ex- parte divorce granted by Australian court can be challenged by your wife in an Indian court ..

As per indian if marriage was solemnised in India then the petition should be filed in India. No marriage between an NRI and an Indian Women which has taken place in India may be annulled by foreign court. You need to file divorce petition in india then think about second marriage.

Not to worry it is honoured in India

1. The decree of a foreign court whereby a marriage is dissolved is valid in India for all legal and practical reasons unless it is declared as non-binding on a citizen of India by a competent court in India.

2. You are free to remarry in India after 90 days from the date of decree.

If your marriage was solemnised in India as per Indian laws, then an exparte divorce decree obtained in Australia is not considered as legally valid in India.

Under Indian laws, your marriage remains in tact hence any marriage contract without dissolving this marriage shall be considered as Bigamy.

However since you are an Australian citizen and have obtained divorce in Australia, you can marry a person in Australia which may not hamper your second marriage in Australia in any manner.