You need to file the divorce in India and it will take minimum 6 months if filed mutually.

It is valid in India as botb the parties agreed to the foreign jurisdiction and appeared before the court and therefore the decree passed is valid and enforceable in India.

Your mutual consent divorce decree obtained in Australia is valid in India 

no need to file fresh petition for divorce in India 

Yes but you need to validate the same in indian court

Yes, it's valid in India provided it meets certain requirements as per section 13 & 14, subject to other conditions laid down by the Civil Procedure Code: The requirements are (1) it must have been pronounced by a court of competent jurisdiction (2) it shall have been delivered as per merits of the case (3) it shall be founded on a correct view of International law or Indian law wherever applicable (4) proceedings in which it was delivered must have been in conscience with the principles of natural justice (5) it shall not have been obtained by fraud and there should have been no breach of any Indian law which is in force at the time. 

Hi, Both the parties are participate in the proceedings, then divorce granted in the abroad was also valid in India.

Any divorce decree obtained by consent is valid and enforceable in India. Provided is not obtained by fraud and under law not recognized by Indian Courts.

Dear Client,

Valid, if both are participating without any force and coercion and the Australian Mutual Consent Divorce Decree is acceptable to them. 

- 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 , as Sikh community come under the section 13, the Hindu Marriage Act, which allows for a divorce by Mutual consent.

- A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.

- Hence, as you are both living separately for the last one year then you can seek divorce on mutual divorce in Australia and no need to validated the decree of divorce by the foreign court in India. 

1. If you have married in Australia as per Australian law and got the decree of divorce as per Australian Law passed by the Australian Court, then the said decree of divorce will be treated as valid in India.

2. Indian Court will have no jurisdiction on the said divorce matter since the marriage was registered at Australia and the decree of divorce was passed by the Australian Court, both as per  Australian Law.

If the reasons stated in the divorce decree granted by the Australian court states that the divorce is granted is on 'no fault' grounds then it may not be legally valid in India for the marriage that was solemnised as per Indian laws. 

In the event that an Australian Court grants a divorce, the order may or may not be recognized or valid in India, depending on the circumstances.

The Indian Code of Civil Procedure 1908 permits the recognition of a foreign judgment as long as the order is final and conclusive. However, the foreign judgment (e.g. Australian divorce order) will not be considered conclusive under this Act if the foreign judgment fails to recognize and apply the relevant Indian law.

If the parties were married under the Hindu Marriage Act, only grounds under the Hindu Marriage Act for divorce would be relevant and applicable. Accordingly, a divorce granted on any other grounds (such as the irretrievable breakdown of marriage under Australian law) would not be recognized in India unless the exceptions set out below are met.

The Supreme Court of India has held that an Australian Divorce Order is only recognized in India if the following exceptions apply:

● You file for divorce if your spouse in domiciled in Australia and the ground upon which the divorce is granted is a ground for divorce under Indian law; or
● You file a joint divorce application in Australia in which your spouse consents to order for divorce; or
● Your spouse voluntarily and effectively submits to the Australian jurisdiction and contests the application on ground under the Indian law.

It is important to note that the only ground for divorce recognized in Australia is a no-fault ground of “irretrievable breakdown” of the marriage.

The grounds of divorce under section 13 of the Hindu Marriage Act include, but are not limited to adultery, cruelty, conversion, unsoundness of mind, virulent and incurable leprosy, entering a new religious order, a presumption of death, non-compliance with judicial separation order or decree of restitution of conjugal rights. The Hindu Marriage Act does not include “irretrievable breakdown” as a ground for divorce.

Mutual consent divorce by a foreign Court where in both the parties submit to the jurisdiction of the court abroad is legally valid and binding in India.

In order to enforce the decree of foreign Court, you need to file suit for declaration in civil court having jurisdiction in India.

The divorce by mutual consent awarded by a competent court in Australia is valid in India. There is no need to proceed in India.