you can file for bigamy in India if your ex-husband has married again in India without your prior consent and without having his divorce from you recognised in India. Under the Indian Penal Code, bigamy is a punishable offence and you may be able to seek legal recourse in this regard. However, it is important to note that your ex-husband's marriage in India would only be considered as bigamy if the divorce granted in Australia is not recognised in India.

Your marriage has been solemnised in Australia 

2) hence divorce proceedings would be governed by Australian law 

3) husband has been legally divorce in Australia 

4) no case of bigamy is made out 

No case of bigamy is made out as divorce decree obtained in Australia is valid as marriage was solemnised in Australia 

You cannot file for bigamy in India 

you would not be able to apply for bigamy against him, as bigamy is a crime only under Hindu Marriage Law. In Australia, bigamy is not a crime and therefore cannot be used as grounds for legal action..

Yes you can file for bigamy as the Australian divorce is not admissible in India until sams is validated in India 

Foreign marriage Act is for Indian citizens who marries in foreign countries

If your marriage in Australia had been registered with Indian embassy or consulate u der provisions of foreign marriage act then Indian courts would have jurisdiction 

in present case marriage is not registered with Indian consulate under foreign marriage act nor in India 

3) no case of bigamy is made out as no fault divorce is valid in Australia 

You are legally divorced in Australia 

Husband d remarriage is valid 

The exparte divorce granted by Australian court is recognised as legally valid divorce in India for the marriage that was solemnised as per Australian laws. 

Whereas your marriage was performed as per Australian law at Australia hence the divorce decree granted by Australian court will be held as valid therefore his remarriage in India on that basis is very much valid, hence the proposed criminal case against him is not maintainable for the offences of bigamy. 

Since your marriage was performed in Australia as per Australian laws, you are bound by that country's law only even though you were an Indian citizen at that time, therefore the exparte divorce granted by Australian court is very much legally valid.

Since your marriage was performed in Australia as per Australian laws, you are bound by that country's law only even though you were an Indian citizen at that time, therefore the exparte divorce granted by Australian court is very much legally valid.

Since your marriage was performed in Australia as per Australian laws, you are bound by that country's law only even though you were an Indian citizen at that time, therefore the exparte divorce granted by Australian court is very much legally valid.

The question is not about the citizenship, it is about the solemnisation of marriage under which country laws.

Since the marriage was solemnised as per Australian laws, the divorce decree granted by an Australian court is very much legally valid, especially at this stage you cannot even prefer an appeal because you decided not to participate in the divorce proceedings to record your objections, hence the divorce decree granted by Australia has been made absolute, therefore his remarriage in India cannot be objected neither it falls within the offence of bigamy.

Dear client,  

Based on the information you have provided, it appears that your ex-husband has obtained a divorce in Australia through the "no fault" divorce law. This means that the divorce was granted without either party having to prove fault, such as adultery or desertion. Additionally, you mentioned that your ex-husband has recently remarried in India.

In order to determine whether you have grounds to file for bigamy, it is important to consider the specific circumstances of your case, as well as the laws of the country in which you are located.

In India, bigamy is illegal under Section 494 of the Indian Penal Code. If your ex-husband has remarried while still being married to you, he may be in violation of this law. However, in order to pursue a case of bigamy, you would need to provide evidence that he is still legally married to you, as well as evidence of his subsequent marriage.

You may also want to consider consulting with a lawyer who specializes in family law to explore your legal options. They can advise you on the specific legal requirements and procedures for filing for bigamy, as well as the potential outcomes of such a case.

In addition, it may be helpful to continue following up with the NRI cell to ensure that your complaint is properly addressed, and to seek assistance from other relevant authorities, such as the Indian embassy in Australia or a local police station.

Then you can dissolve your marriage in India as per the acr you got married. You can also dissolve as law of your present nationality but that divorce needs be validated in India for its admissibility 

- The marriages performed overseas are considered valid in the country where that take place if they are entered into in accordance with local law

- Further, a marriage performed under the Foreign marriage Act is valid in INDIA. 

- Since, your marriage was performed under the Australian Law,  and not through the Consulate of India , then the law of India will not apply therein 

- Hence, the said decree of divorce granted by the Australian court is valid even ex-parte

- You can move an application before the Australian court for setting aside the said decree of divorce on the ground of non servie of notice issued by that court. 

As you mentioned that your ex-husband has already obtained a divorce in Australia, it is important to consider the legal implications of his divorce in the Australian legal system on the validity of his subsequent marriage in India. 
Case of bigamy is not made out.

Thank you for clarifying that you were not married under Hindu law. The laws regarding bigamy in Australia may be different from those in India, and it is important to consult with a lawyer who specializes in family law in Australia to discuss your legal options.

Thank you for clarifying that you were not married under Hindu law. The laws regarding bigamy in Australia may be different from those in India, and it is important to consult with a lawyer who specializes in family law in Australia to discuss your legal options.
In my opinion, no case can be made out in India  for Bigamy as the marriage was not solemnised in India or it was solemnised under any Indian marriage laws.

In my opinion, no case can be made out in India  for Bigamy as the marriage was not solemnised in India or it was solemnised under any Indian marriage laws.

You got married in Australia under provisions of Australian law 

you were legally divorced in Australia under Australian law 

your marriage is not registered with Indian consulate under provisions of foreign marriage act 

No case of bigamy can be filed by you 

Yes section 18 will be applicable to you and you can take reliefs under SMA in the said matter

You should understand the underlying fact that you were married under the provisions of Australian marriage laws and never registered your marriage under Foreign marriage act or special marriage subsequently.

In that case how can you become eligible to claim relief under the provisions of Foreign marriage act. 

Section 19(1) of the acts states that:  Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code, 1860 (45 of 1860) and the marriage so contracted shall be void. 

The conditions what you have sated would be applicable when a marriage is intended to be solemnized under this Act.

You may also note that under section 18 (4) (1) nothing contained in subsection 1  shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it

Therefore the desired relief may not be entertained.

Section 18(1) of the Foreign Marriage Act, 1969, provides for the application of certain provisions of the Marriage Act, 1994, to marriages performed in a foreign country between parties of whom one at least is a citizen of India. It states that the parties to a foreign marriage that is not solemnized under this Act cannot claim relief for the time being in force. However, if the parties marry in a foreign country, relief can be claimed under this section.

The case of Joyce Sumathi v. Robert Dickson Brodie was related to the wife's petition for divorce under Section 27 of the Special Marriage Act, read with Section 18(1) of the Foreign Marriage Act, 1969. The court held that the petition was maintainable.

If your case involves a foreign marriage that is not registered under Indian law, Section 18(1) of the Foreign Marriage Act, 1969, may be relevant. However, whether or not it would be of any help would depend on the specific circumstances of your case and how the law is applied in your jurisdiction. It is recommended that you seek the advice of a qualified legal professional who can provide you with personalized legal advice based on the facts and circumstances of your case.