1) refuse to bow down to pressure tactics

2) no need to pay rs 1 crore 

3) file detailed reply denying allegations made 

4) bruden of proof is upon wife to prove allegations made 

5) file defamation case against wife if she maligned your reputation 

1) divorce by mutual consent granted abroad would be valid in india 

2) you can file petition under section 7 of family court act for declaration that marriage is dissolved by Australian divorce decree 

Above you said it is solo divorce ?

Confirm it whether it was mutual or contested / exparte divorce ? Let her demand, what is the problem, She is not questioning divorce, hence one lad is already clear.

Rest the matter of maintenance, earning wife not entitle to maintenance and even if court orders maintenance than it will after considering her earning capacity and education.

Any criminal case pending or just under protection of women from domestic violence act ?

Hello, 

1)  If both the parties took part in the divorce proceedings in Australia, it will be treated as valid and binding in India as well if you produce the order before the court in Bengaluru. This can help demolish her case of domestic violence.defama

2) You can't a case of mental harassment or defamation against her. What you need to do is to defend the DV case on merit and hey if dismissed. 

Your reply should be that she had willingly signed divorce application and divorce was granted with mutual consent of parties 

The divorce in australia has no value in india, settle it amongst yourselves or else, you have to pay huge litigation cost plus alimony, thats a fact, good for you, if you can accept my opinion, or you all will face days which will be miserable.

1) Foreign court decree valid in India but if it`s uncontested divorce and granted ex parte, than not valid in India, 

2) if it is Mutual divorce than it is valid divorce. 

3) In given circumstances defamation case against wife is not maintainable.

1. Well , case under PWDV Act is maintainable even if the marriage is dissolved.

2. So you will have to contest the case on merit . The right of wife to seek maintenance per month is not more than 1/4th of income of husband. So let her claim whatever she wants. The court will not grant more than what she deserves.

3. Since DV case does not depend on the marital status of wife placing reliance on mutual divorce in abroad is not of much consequence.

You can go for quashing of the domestic Violence Complaint  in hc on the basis of already taken divorce. The Complaint is a after thought and needs to be quashed by HC.

The fact the she signed the documents in pressure for divorce in Australia as both are Indians citizen and  so this divorce should be ratified in India and the Complaints here in Bangalore will be investigated by police  and police will submit its report in that regard apart from the necessary actions as per law.

 it is advisable to file a divorce petition in India against the wife on the basis of divorce received in Australia and in case she is not agree to go for mutual consent divorce petition then it will be a contested divorce asking of alimony of 1 crore does not mean anything and it will be decided by the court on the basis of social and economical background of both the parties along with the quantum of money in consideration you can file a divorce petition in Kanpur Court pant you have to secure stay of arrest from Allahabad High Court so that in case he is traveling back to India or being call to India for negotiation should not be arrested

I am overwhelmed by your rating Sir, as expected.

Please have the patience to read below,it should be an eye opener for you.

When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired.

However little is it known that the position with respect to the matter pertinent is very much clear.

Indeed, the divorce petition can be filed as well as settled outside India even if the marriage has taken place in India.

As a general rule under Section 13 of the CPC, any foreign judgement is valid and conclusive in India if it does not falls under certain exceptions.

The Apex Court of India lay down and clarified the law for foreign matrimonial judgements in the country in the case of Y. Narsimha Rao and ors. vs. Y. Venkata Laxmi and anr.

Brief Facts of the case

• Y. Narsimha Rao and Y. Venkata Laxmi were married in Tirupati, India as per Hindu Customs in 1975.
• They separated in July 1978 and Mr. Rao filed a petition for dissolution of marriage in the Circuit Court of St. Louis County Missouri, USA.
• The Circuit Court passed the decree for dissolution of marriage on February 19, 1980
• On 2 November 1981 Mr. Rao married another woman.
• Mrs. Laxmi filed a criminal complaint against Mr. Rao for the offence of bigamy.

Judgement

Although the Court did not recognize the decree passed by the US court but it did lay down the clear law with respect to divorce decree in such matters. The Court carved out the exceptions as to in which conditions the divorce decree would NOT be recognized in India.

Such exceptions are as follows:-

• When the decree is granted by court which is not authorized by Indian courts to grant the same
• When one side is not heard or his/her submission is not taken on record
• When the divorce is granted on the ground which is not recognized under Indian matrimonial laws
• When the proceedings are against principles of natural justice
• When the decree is obtained by fraud

Thus if the divorce matter does not falls within the ambit of any of the exceptions mentioned here in above then it can be proceeded unhindered in any foreign court even if the marriage takes place in India.

Hi,

Apart from many solutions available, you may contest the case and approach high court for quashing of the complaint filed by her. 

 Defamation case is not maintainable in this regard.

Your brother has to challenge her false cases in court of law accordingly.

The divorce obtained in Australia seems to be exparte divorce which is not recognised and not valid  in India for the marriage solemnised in India as per HMA.

What is joint divorce, was it a mutual consent divorce ?

If so, then your brother can take protection under this to fight back strongly against the cases filed by her back in India.

Let she tell anything at this stage.

The fact is that she has admitted that the divorce between them has already taken place and she is aware of that.

Hence this is a very valid and strong point to challenge her false cases in India.

The divorce can be a valid divorce in a foreign country if both the parties are ready to accept the jurisdiction of the foreign court and go ahead with the proceedings. Youbshould first of all file an execution application for the execution of the divorce decree. Then a petition should be filed in the hc for fir / complaint quashing and arrest stay. along with the decree that even after separation she is harassing you. Also a defamation complaint must also be filed in the district court.

Regards