1. The grounds for divorce granted by an Australian court is not legally valid as per  Indian laws, hence you may have to file a mutual consent divorce once again in India if you would like to marry an India again and get the marriage registered, you may please note that since you are an Australian citizen, in order to marry an Indian citizen, you may have to get it registered under special marriage act only.

For this your marital status has to be single i.e., either single or divorcee or a widower. 

2. You may have to file a divorce petition under section 13B, HMA jointly along with your spouse for divorce on the grounds of mutual consent, your lawyer will take care of it.

3. You may engage the services of a power of attorney agent separately for each of you for filing the petition, but you both may have to be present before court to confirm your decision to divorce during the second motion.

4.The divorce decree by a court of law in India would be sufficient to prove that your marriage has been dissolved. 

5. Since  the divorce granted by Australian court is not legally valid in India for the marriage solemnised under the provisions of Indian law, you may not be able to get your second marriage registered in India without a divorce decree dissolving your previous marriage.

6. You both have to  file an affidavit separately along with the joint divorce petition

7. Not necessary.

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     Australia is a Non-reciprocating territory.  The enforcement of a foreign judgment or award from a non-reciprocating territory of India requires a fresh suit in an Indian Court with appropriate jurisdiction. While Foreign Judgments from Non-Reciprocating Territories must pass through the sieve of Indian Judiciary, the sieve used is wide and spacious enough to allow the causes of justice upheld by foreign courts to sink in. Whereas in case the decree is of a court in a non-reciprocating foreign territory, a party has to file a fresh civil action (suit) on that foreign decree, or on the original underlying cause of action, or both in a domestic Indian court of competent jurisdiction. Also the burden to show that the foreign decree, if he sues on it, satisfies the tests of Section 13 is on the person seeking execution. But once the person seeking execution satisfies the court that the parameters of Section 13 of the CPC are met, it is not possible to examine the sufficiency of evidence on merits before the foreign court, or to test the correctness of the decision.

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system. The Indian court will have territorial jurisdiction to hear and decide matters relating to the Indian marriage, and the foreign court's decision may or may not be acceptable in India, so it is best to get the marriage dissolved according to the Indian court's divorce decree.

The Indian courts will not recognize a decree passed by a foreign court if it was inconclusive under Section 13 of the Civil Procedure Code, 1908.Irretrievable breakdown of Marriage is not a ground for divorce in India.

In the absence of a valid divorce decree, the second marriage will be deemed null and void. A valid divorce decree, acceptable to Indian law, is required when you register a new marriage in India

An advocate can help you file a joint consent divorce using power of attorney in India, or you can file it from Australia with an embassy attested petition.

In case the court allows, using the video conference for counseling and the second motion.

File petition under section 7 of family court act for declaration that marriage is dissolved by Australian divorce decree 

2) you can execute POA in favour of family member for filing petition 

3) you can remarry in Australia as marriage is dissolved in Australia 

4) Indian embassy is not to be involved 

1. Your divorce in Australia is valid in India. There is no need to seek divorce in Indian Court. The decree of divorce is accepted by wife through settlement of property.
2. Once a valid divorce is always valid divorce. There is no such procedure for validation of divorce issued by competent court and accepted by parties.
3. Divorce can be granted through GPA attested by High Commissioner but that is not required in your case.
4. Submit application form for cancellation of marriage registration by producing the certified copy of divorce decree obtained in Australia.
5. Your divorce is valid and you are free to marry.
6. Decree of divorce is valid declaration to the whole world of your divorce. No further affidavit is required.
7. There is no need to involve any agency when a decree by mutual consent is obtained by both the parties. Any decree validly obtained in foreign country is acceptable in India.
8. The law as to legality of foreign is explicitly laid down by Supreme Court in 1994 in case of Narsimha vs. Lakshmi which  is perfectly applicable to your case. There is no legal hurdle for your marriage now.

Dear Sir,

1. General Principle of Law (Section 13 CPC). A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws. therefore no need to apply in India too

2. -

3.no, your physical presence during the Court hearing is needed

4. No certificate is specifically needed for the same.

5. No, as the divorce decree is valid in India

6. None. Just the Australian Divorce Decree is sufficient 

7. Not necessary. 

Thank you

God Bless

1.  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.

- Hence, if your decree is based on mutual divorce , then it is valid in India , and you are free to marry with another girl 

2. You can file a suit under section 7 of family Act in India , but it is not mandatory for mutual divorce. 

3. Yes, you can file the same after giving POA to any relative in India. 

4. Not necessary to cancelled the old one , as after getting the divorce it automatically cancelled and having no value in the eye of law. 

5. If mutual divorce , then no offence made out for second marriage.

6. No , must have the certified copy of the Australian divorce decree at the time of second marriage. 

7. No

1. You shall have to get the said decree of mutual consent divorce passed by the foreign court  validated by the local District Court in India by filing an application to that effect. Till then you two shall be considered as husband and wife in India and cannot remarry as per law.

2. You shall have to file an application praying for declaration that the said foreign decree of MCD is valid in India. u/s151 of CPC read with section 13 of CPC.

3. One of you shall have to get the plaint sent to you by your Indian lawyer which you shall have to sign before the appropriate officer of your local Indian Consulate who will attested your signature appended on the plaint which you shall have to return to your Indian lawyer for filing.

4. Your declaratory suit should have the said prayer for cancellation of your marriage while validating the foreign decree of divorce.

5. It will be considered as a crime u/s 494 of IPC being bigamy punishable with jail term for a maximum period of 7 years with or without fine.

6. You shall have to get your foreign decree validated as suggested above.

7. Yes, only for the purpose of attesting your signature on the plaint  for filing before the District court in India, in case you can not come to India in person.