Divorce in India or Australia
I have a question related to my cousin who is residing in Australia from last 6 years and is a Citizen there.
Background: My cousin got married to a girl who is also an Australian citizen and residing in Australia from last 25 years. However, they had a destination marriage in India and registered their marriage in India as per Hindu marriage act.
After, a few months there were some gross misunderstandings between the couple and my cousin decided to separate from his wife for which he dropped an email to her and also took the lawyer's recommendation as to what can be legally done in Australia.
The main requirement in Australia to get a divorce is to complete 1 year of separation, which they have already done and my cousin is in process to file a divorce in Australian Family court as a single applicant as the other party is not interested to have any form of communication.
Questions: My question is that after getting divorce in Australia as a single party (given the fact that divorce paper will be served to the other party), will that divorce be still applicable in India?
And, my another question is that in case my cousin starts the divorce proceeding in Australia which may annoy the other party, will they be legally allowed to put some false cases of dowry/DV against my Uncle and Aunty who are residing in India. My uncle and aunty have visited only once during the course of marriage (Marriage was hardly for 6 months from the date of marriage) and have been out of any communication.
Given the fact that other party have been in Australia from last 25 years and are OCIs, will they have power to exercise to put false cases against my cousin’s family, when already the matter will be starting in Australia for divorce proceedings?
Asked 6 months ago in Family Law from Australia
Thanks for the replies and it does help in steering us in some right direction.
Couple of follow-up questions:
1. If my cousin apply as a single party divorce and the other party is served the application and be in Australia then will that divorce be valid in India as well?
2. As my cousin's ex-wife family is based in Australia, to apply for divorce in India will his ex-wife need to be present in India or only my cousin needs to be present in India? Given the fact, that other party has stopped all communications and is very difficult to bring them to a table, what would be the right approach to apply for single party divorce in Australia and at same time has it validated in India as well?
Asked 5 months ago