- You should know the following law for your reply:

- As per law, 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 CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in Australia Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Further , if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by Australia Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by Australian Court will also not be recognised by Indian Court. Ex-parte means , One party divorce. 

- Hence if you got the divorce decree on the above valid grounds in Australia , then only it will be considered a valid divorce in India , and then you can marry with other lady legally , otherwise she will be not your legal wife if you get marry without getting divorce from your firstly wife legally.

1. You seem to be misled on many counts from many quarters. 

2. Anyway even if you are a foreign national you have a legal recourse to dissolve the marriage in India under law of the land. 

3. Rather the foreign decree in India is not recognised in most circumstances and hence your recourse to law in Australia may well turn out to be a futile exercise on India. 

4. Now unless and until you appear in person the court would not pass any order on dismissal of suit.  Therefore the suggestion of your advocate is misplaced. 

5. My advice is to proceed with the case in India. 

Australian divorce will be valid 

You can remarry 

There was no need for separate application for withdrawal of case in India.

Your advocate can withdraw the case by simply making a written statement that party wants to withdraw the case.

1. You are married in India the proper jurisdiction for divorce is in India. You should have contested the divorce in India to avoid future dispute.

2. Your wife may file petition in India to object your Australian divorce. You should continue with your divorce in India.

Your Australian divorce decree would not be valid in India 

2) in addition your divorce petition is pending in India 

3) you have not yet been permitted to with draw the petition 

Hello,

1. As she had appeared in the Australian Court over the phone after receiving summons and has been a part of the proceedings the order by the Australian court will be binding on her and valid in India as well provided the proceedings were as per provisions of Special Marriage Act.
2. As you are already a citizen of Australia and have renounced the citizenship of India you will not have the need to get the Australian divorce validated in an Indian court.

Divorce granted by Australian not valid in India. Only if divorce granted on prevailing grounds of divorce India, than you can pettiion in India to enforce divorce decree of foreign court.

Well, you now Australian citizen so no prohibition to remarry in Australia after divorce.

Your divorce decree granted b y Australian court for the marriage solemnised in India is not legally valid as per Indian laws.

However you being an Australian citizen and not going to come back to India, as well as you are going to marry an Australian as per Australian laws, you need not be worried on that count.

Before that you either change your lawyer in India or inform the same  lawyer to follow up the withdrawal petition in the court in India and confirm the court passes an order to dismiss your divorce case on the basis of the withdrawal petition.

See if you are not concerned coming back to india then there is no issue. actually the divorce decree of australia needs to be validated in india for its application in india. 

Case in india is valid

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.

The divorce decree obtained from an Australian court is not valid in India, you have to continue your divorce case in India once again if you want to re-marry in India as per Indian laws. 

As the marriage was done in india ind divorce has to be obtained from the indian court even though you are a foreigner in the eyes of law.

However once you get the divorce in Australia, you have to file an application in india alongwith the copy of the order and upon satisfied on the grounds of divorce the courts in India will grant you the decree of divorce.

Hope this helps.

If you have any other queries in this regards feel free to get in touch with me.

Regards

1. Foreign decree of divorce is absolutely valid in India for all legal and practical reasons if it has been passed after adherence to principles of natural justice.

2. You should withdraw the petition pending in the court in India.

Dear Sir,

It is suggested that in the present covid 19 pandemic condition the Indian courts are working in VC mode and you may appear by way of video conferencing and request the court for withdrawal of the petition of divorce. Also request for the forwarding of the order via email or whatsapp. This will be very useful for you. 

1. No divorce decree from australian court will not be considered valid in India because your wife is not appearing for the hearinh in Australia.

2. But your divorce will be valid in Australia and you can remarry in Australia as per australian law.

1. The decree of divorce you will obtain in Australia will not be considered as valid in India.

2. Your divorce case filed in India can not be withdrawn unless the withdrawal petition is signed by both you and your wife.

3. Unless you obtain the decree of divorce in India both of you shall be considered as husband and wife in India and if you marry an Indian lady while staying in marriage with your present wife, the charge of biugamy u/s494 of IPC will be leveled against you punishable with jail, term for both the husband and wife for a ,aximum period of 7 years with or without fine against the complaint of your present wife.

4. It might be prudent on your part to get the decree of divorce in india.

You should file an application under article 227 in the high court for expeditious hearing and disposal of your case in India immediately.

Withdraw your case by registering a power of attorney to someone trustworthy in India who may conduct proceedings on your behalf and finalize the case.

A divorce decree is valid in India as your wife has also participated in it.

A case fir its execution should be filed  afterwards.