• Filing for divorce in India

I was married in India in 2006 and moved to Australia (as secondary PR applicant; my husband being the primary PR applicant). I have separated from my husband in Australia in Feb 2018. I want to file divorce papers in India. 

1) Can I file a divorce while being based at Australia?
2) Will the divorce affect my PR status in Australia?
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Hi, you can file divorce in Australia as well ., In India you have to give POA ( power of attorney ) to your parents for filing and contesting of case in Indian courts

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Yes since you are married in India you can file a divorce.in India, if.you donot want to come.to India you can send a.power of attorney to any relative in India to file.same.

2. It won't be effect the PR now.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

The marriage was solemnized in India and therefore divorce can only be granted in India. However you can obtain divorce in Australia if you and your husband are ready forba mutual consent divorce or you can file a divorce petition in Australia and if your husband ready to contest the case in Australia.

If this is not possible then file a divorce petition in India and you don't have to come here as a power of attorney can be given anybody who is trustworthy and you will have to come in the end.

The pr status was given to you because of your husband therefore divorce would affect your pr status although more details are required so as to better appreciate the controversy.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Dear Client,

You can execute POA and authorize any your relative/friends to file divorce petition.

Your PR status depends on what conditions, it is granted to you.

If its absolutely depends on your husband status than certainly, you will turn to temporary R.

But no. of years staying shall also count and may you will get PR on your own identity.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have to come down to India to file for divorce

2) best option is to file for divorce by mutual consent

3) attorney in Australia can guide you as to whether on divorce you lose your PR status

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

if one party is unable to come, a power of attorney can be accorded to any person. This person should preferably be a family member. POA can file divorce petition behalf of you.

you got PR initially as dependent, you are a permanent resident now. Your marital status now does not make any difference.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. If you have not yet obtained a decree of divorce in Australia then you may apply for dissolution of marriage either in Australia or India. The decree of Australian court will be valid in India for all legal and practical reasons.

2. After the dissolution of marriage your husband may withdraw the sponsorship, as a result of which you will have to seek stay permit independently.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Concern, you can very well file a case of divorce against your husband in india if your marriage had taken place in india.

You may file a divorce from Australia provided you sign and issue a power of attorney in someone's favour to file a case on your behalf. It could be your lawyer also. Since you are dependent on your husband as per Australian immigration rules, then you must consider this twice before doing anything. As it could adversely affect your status there.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

1. No, you will have to be physically present in India, at the time of filing the divorce.

2. Since you are secondary applicant the divorce will definitely effect the PR status.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. For filing divorce petition in India while staying in Australia, you shall have to get the petitrion sent by your Indian lawyer to youy at Australia which you shall have to sign before and get the signature notarised by the appropriate officer of indian Consulate. It will include the petition, affidavit and also the Vakalatnama which are to be sent back to your Indian lawyer for filing before the Indian court. In any case, you both shall have to appear before the Court in person for reconciliation and also submitting evidence before the Court.

2. Your filing of divorce suit in India will in no way affect your PR status in Australia.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can file a divorce case in India from Australia by giving power of attorney to any close relative from your side.

2. You may have to clarify this from Australian immigration authorities.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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