1. See if you both are taking a mutual.divorce then in that case you both can say that you separated after marriage and you did not cohibit. Though you can apply on after one year of marriage.

2. You can appoint a POA to appear and appoint advocate on your behalf. Further more if she file a contested divorce then in that case if you fail to appear court can give an exparte order.

3. If it is mutual divorCe then only indian court shall recognise it.

4. You need to obtain permission for vedio conferencing from court.

5. In mutual divorce you and your wife decide the alimony amount mutually.

1. In Mutual consent divorce cases no formal trial takes place, therefore chances of court finding out would be very less, if both parties abide by the same statement.

2. In Mutual consent divorce, you would be appear twice before court. Alternatively, POA can be given to any family member, friend or relative to appear in court on your behalf, it is at the discretion of the court to allow it or not.

3. Uncontested or ex parte divorce decree by foreign court is not enforceable in India. Only contested or mutual consent divorce decree by foreign Court is recognisable.

4. Yes, if the court has the facilities. Not all the courts have video conferencing facilities.

5. She can claim monthly maintenance amount from you in court (not one time alimony), if she has no source of income or is unable to maintain herself from her own means.

1) let your wife file for divorce and mention that you were separated immediately after marriage 

2) you should make false statement on oath 

3)if you dont attend wife would get exparte divorce decree 

4) in alternative make application for conversion of petition into divorce by mutual consent 

5) your virtual presence through skype is sufficient 

6)wife would be entitled to alimony 

1) Instead of going for Divorce for less than one year marriage, you both can go annulment of marriage and in future you both will not called as divorcee as well.

2) Ask her to file for annulment of marriage.

3) Don't apply for divorce in Australia it will not considered here in India. Best option was there when your wife wa present with you to go for Mutual Consent Divorce that is valid in India.

4) Yes, you can attend Indian court via Skype or Video calling etc.

5) Once annulment is done there will be no alimony only one time lump sum amount needs to give if she ask from you otherwise not.

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts.

you are thinking too much.............

tell your date of marriage (month/year) to answer your query properly   

1. This is common practice to make statements in mutual divorce petition as per mutual convenience of the parties. However if you are not comfortable to state anything then state the right statements only.

2. Divorce granted in Australia , more so, if exparte would be recognised in India if your wife disputes the same.

3. So if your wife is willing then file MCD in India oly and at the right point of time so no untrue statements is made on oath.

4. No

5. If wife is unemployed then you are liable for maintenance irrespective of the duration of marriage which has no consideration at the time of fixation of quantum of maintenance. 

Dear Sir,

The following information may kindly be read and it will helpful to you.

Laws Related to NRI Divorce

A growing trend among Indian men and women can be seen to get married to NRIs. According to the recent statistical data, 225 women from metro cities get married to NRIs every year and out of these around 25 want to end their marriage due to reasons of hiding facts or of deception. This is the reason why it is important for Indians who marry NRIs to have knowledge of laws related to NRI divorce. Many of NRI weddings end in divorce due to the reasons like:

• The NRI spouses inflate their assets like home, high paid job, or vehicle in the foreign country but actually might not be in a position to support a family after marriage.
• The NRI spouse happens to have another spouse, settled with him abroad.
• The NRI spouse feels that Indian spouse is not a suitable partner in coping up with him and his advanced lifestyle and hence, seeks divorce on the grounds of incompatibility.

However, The Process Needs one to Furnish the Following Information for Completion of Divorce Process:

• Where was one married? India or Abroad
• Does one have children?
• Will both be able to reach a financial settlement of their possessions?
• What is the religion of both the partners?
• Which country is one based in?
• What is his or her nationality?

Even though, there are not many laws to protect the interest of Indians who marry NRIs but due to rise in the number of troubled marriages of NRIs with Indians, the government is introducing NGOs in both India as well as abroad and these shall guide Indian men and women who are married to NRIs and settled abroad. They offer emotional support, counseling, and legal advice in the process of divorce and separation. Another thing to be kept in mind is that even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in Indian divorce laws related to NRIs.

The Basic Laws Related to NRI Divorce, That One Must be Well Aware of are:

• If both the spouses are settled in USA, or any other foreign country, then they can seek divorce by mutual consent under the foreign marriages divorce laws of that country.
• If both the spouses are Indians and have been married under Hindu marriage Act 1955, in that case they can seek divorce with mutual consent under section 13-B.

Hi,

It is better to file the case with true facts and not to lie before court. If your wife files the case, you may appear through your advocate. Indian courts do recognise the foreign decree. The alimony etc. should be decided in advance in case of mutual consent divorce.  

1.If she doesn't challenge your separation then there is no issue. Ideally there should be 1 year clear separation.

2.You can represent through advocate.

3 yes it's valid you need to validate the same in India.

4. The dates necessary for your presence has to be attended by you. But if your judge allows you through Skype then no issues.

5. That depends on her application and judge's application of mind along its her income status and qualifications

1.  the criteria for filing a divorce petition is that the couple must have completed one year of marriage and there must be a six month of separation period incase these two components are fulfilled then the other party can file a divorce petition in the court and court will take another 6 month as a cooling period to put a date for divorce proceeding.

2.  in case you are agree to go for divorce it will be good to go for mutually consented divorce that will take less time to finalize the divorce it is not necessary that you have to appear in the court personally however you can authorise any of your blood relative particularly your parents to appear before the court when needed by the power of attorney.

3. Yes you can apply divorce in Australia and you will get a degree in your favour but this degree will not be recognised in Indian Court until and unless you file a divorce petition on the grounds of that degree and that degree is recognised by the Indian family court.

4. Nowadays it is a possibility but it depends on the court if court wants to speak to the other party over the Skype.

5. In case of marriage duration is not important and when you are binding up the marriage it is dependent in the code that how much the other party is asking the maintenance and alimony can be denied only in case your wife got adultery and you have proof to prove that in court otherwise it is very common to provide maintenance or permanent alimony as the agreement is in between the parties

1. No it would not be considered perjury. In facts most of the lawyers regularly do it as there is no point in dragging a dead relationship unnecessarily and giving scope/ opportunity to others to instigate/ spread animosity. 

2. That depends on what case it is.  If it is simpliciter for Divorce, it would suffice for you to be absent since you too want the Divorce.  However, If your wife files a criminal case, you will have to appear or be represented through a Power of Attorney holder. 

3. No the Indian Courts will not accept the Australian Decree.  For recognition, you will have to file for Execution of the Decree which may be a time consuming process. 

4. Yes, you can. 

5. In a Mutual Consent Divorce, there is no hard and fast rule and it all depends on the consensus of the parties.  

1. As per the information mentioned in the present query, makes it clear that you do not want to lie before the court of law and that is really appreciable as no one knows what actually they have in their mind, though everything will be on affidavit on their side also, but still it won’t be a good idea.
2. And for getting divorce in and as per Australian law, both the spouse should be living in the country wheee he divorce has been filed and the ground on which they are seeking divorce should also be a ground in India to make the divorce valid as per Indian law.
3. No, it’s not that every time you will have to be there in court, you can be represented by your counsel only, but for two or three dates you would have to be there.
4. And yes going for the Mutual divorce, wife may seem fo alimony also.
5. And yes, if she happens to file any criminal case agaisnt you then you will have to present in court before the Ld. Judge.

1. Court will not investigate whethet you really stayed seperated or not if both of you jointly mention in the MCDE petition that both of you stayed seperately after 7 days of your her takingt to Australia..In that case, you  both of yopu shall have to state where in Australia did she stay 7 days after arriving at Australia with you. However, if you have a trust defiucit on your wife and apprehend that your such statement made along with your wife might put you in legal distress, then you can put your foot down and insist for filing the MCD after one year of her returning to India.

2. If your wife any crimibnal case against you then Indian law will not be applicable on you for your acts in Australia, if alleged. However, even in that case, it will be prudent on your part to attend the hearing if you get summons and then avail leave of the Court to abstain from appearing on every day's hearing since you stay abrod and not a cotizen of India

3. The Divorce decree passed by foraign court, unless against  a MCD petition  jointly signed by both of you, shall not be considered as valid in India. Even MCD decree passed by the foreign court is required to be validated by appropriate District Court in India.

4. You can if the concerned Court has the Skype facility and that too after taking leave from the Court.

5. If she is employed, then ordinarily she is not entitled to any aliminy. If not employed, she willm be entitled to maintenance from you amount for which will be decided by the Court. 

1.  You do not have to be so much worried about it.It is just a matter of five months, hence you can very well remain silent about the separation pleadings they may make in the petition seeking divorce.

The eligibility criteria  for mutual consent divorce is that the couple should have lived separately for a period of one year or more preceding the date of filing the petition seeking divorce on the grounds of mutual consent. The couple may even reside in the same house but living separately under the same roof is also accepted.

2. If you dont attend the case, then it may be decided against you in your absence.

3. The exparte divorce or no fault divorce granted by any foreign country is not recognised as legally valid in India, in that case you may have to apply afresh in the Indian court.

4. Instead, you can give a power of attorney to any close relative in India to appear on your behalf in the court during the trial proceedings.

5. It depends on the claim made by her and how strongly you protest and object to her claim for alimony.

1) divorce by mutual consent obtained abroad would be valid in India 

2) POA can be executed in favout of family member . it should be attested before indian consulate 

3) consent terms can be entered into for divorce by mutual consent . they are enclose to petition for divorce by mutual consent 

4) if wife files for divorce in India  it is necessary to peruse allegations made in divorce petition , reliefs claimed to advice 

It is valid. In family court you can appoint POA. If it's mutual they can't twist the facts as it is mutually agreed

1 mutual.divorce shall be valid

2. A notarised power of attorney is requiered govind authority to appoint advocate and sign documents on your behalf.

3. In mutual divorce settle with party and prepare a memorendum of mutual divorce before hand.

4. No of both parties want divorce then they can apply divorce in India but.mutual divorce cannot be experts and the secondly if they take on any other ground that will effect.you. so a mutual divorce in presence of both parties is better option.

1.  If it is a mutual consent divorce for the reasons like incompatibility etc,. then it may be considered as legally valid in India, however if the mutual consent divorce is granted on no fault then it is not valid in India.

The divorce decree of no fault ground is not a valid ground for divorce in India ans hence the same would not be accepted in India as valid.

only the decree passed by foreign court on the ground acceptable by Indian Law is acceptable by Indian courts.

2. If you are not aware of the procedures or to prepare a POA deed, then you may take the assistance of a advocate who will draft the same and guide you properly on further issues in this regard.

3. You can draw a MOU with all the terms and conditions agreed between both properly so that you dont have to be worried on such issues later.

4.  An exparte divorce granted in India is valid till the time the aggrieved party files a  petition to set aside the exparte order.

1) I seem to be getting conflicting opinions regarding the validity of a foreign divorce decree. To clarify, if we apply for a mutual divorce in Australia (not exparte), is it valid or not? What would make it valid in India if MCD is not considered valid? 


Ans: Foreign court decree valid in India but if it`s uncontested divorce and granted ex parte, than not valid in India, Remarriage shall be bigamy. Dear, You are free to remarry in INDIA as you have been divorced with mutual consent only.

2) How do I appoint a power of attorney? Can I write a letter nominating a relative? Would this suffice? If not, are there forms that I need to fill out? 


Ans: Yes, section 14 of Notaries Act, 1952 empowers the central government to declare that the notarial act done by notaries in other countries shall be recognized for specified purposes. If a person settled outside India and unable to visit India in the near future, he may execute a power of attorney from India through the Indian embassy.

3) Even though it’s mutual, I’m a little worried if the facts will be twisted by the other party to try to get favourable financial verdicts. Is there a way to agree to this before the hearing? 
Ans; A Separation Agreement is easy to go solution. Beware, it has its repercussions too! There might be situations where a separation agreement can be used as a ground for cruelty. And Cruelty is in itself a ground for divorce


4) Lastly, given that exparte divorces can be granted in India, would it be just be easier to let the other side do it in india? This way I could apply for divorce here in Australia. Would save us both a hassle. Are there any downsides in them pursuing a exparte divorce in India? I don’t want any legal repercussions from this, if any. 
Ans; As you have filed ex-party Divorce petition therefore it might take time to get the injunction of the ex-party divorce as the Opposite Party might get the chance to place his stand too.....it might take some time..