- 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 foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Hence, if you both wanted to be separated , then file a joint petition there on the ground of mutual consent divorce , and the decree passed by the Australian court will be valid in India.
- Further, if he not agrees for the payment of alimony , then you can also file there contested divorce case and there you can seek alimony and other property shares as well
- However, if he will not contest that case , then the decree will not valid in India.
- You can also file a contested divorce and maintenance case in India for getting divorce , alimony and child custody .