Respected Lawyers, I got married in India, me , my husband & my daughter are Indian citizen. We are PR, I was living in AU since 2021 but flew back to India on Feb 2023 along with my daughter. we first decided to get divorced in AU but one of my friend suggested that we are married as per Hindu law, we need to get divorced in India but he started blackmailing me for property mediation & child mediation which I was not ready. I asked for 1 month time and came back to India to file divorce, its been 10days no action taken, apart from counselling but note he is in AU, his family is attending. No justice from CI Women PS. now he is blackmailing that he is approaching Legal aid and centerlink, I'm under Watchlist in AU. I need to fly back to aus as I have job and house rent to pay which is being financial burden. What is this " you're under watch list" in AU? what happens if I'm under watchlist? Can I travel back to AU to continue my job with Indian FIR orders? for my safety what all docs I need to carry to AU ?
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1) you can travel back to Australia to continue your job in Australia
2) in case husband files divorce proceedings in Australia take the plea that divorce proceedings are pending in india . That Australian courts have no jurisdiction as marriage solemnised under HMA and divorce can only be on grounds recognised by HMA
You have nothing to worry.
He is just threatening you with those technical terms.
If you have not done any crime either in Australia or in India, neither there's any criminal case against you in both the countries, what is the reason that you will be put under watch list.
He is trying to put pressure on you.
You don't have to be worried about the cases you have filed against him in India too if you have arranged someone to look after the same in your absence.
If in case he is filing any matrimonial case in Australia, you can mention the pending cases in India and get them dismissed.
You are prohibited from entering or staying in Australia pursuant to an order of the Australian Government, as you are under a watchlist. You should contact the relevant authorities to enquire what steps you must take to have the watchlist lifted. Depending on the reasons for the watchlist, you may need to provide documentation or take other measures. Upon having the watchlist lifted, you may be eligible to travel back to Australia, however, you may still be required to provide documentation or take other measures in order to gain entry.
- You should know that , a mutual consent divorce granted by the foreign court is only valid in India , and further if husband files a divorce case in AU , then the decree of divorce granted by AU court in your absence will not valid in India.
- Further, if he is not ready for mutual divorce in INDIA , then you can file a contested divorce in India and other cases as well against him under the provision of cruelty
- Further, you can also claim alimony from him even you are working abroad or in India for pressing him to give divorce.
- Further, being mother , you can claim custody of daughter legally
- NO FIR can be lodged against you for matrimonial disputes in India and AU, and there is chances that he is adopting some techniques to harass you mentally , so that you cannot go abroad.
- Further, you are free to travel to AU .
Law in India is in favour women. If there is any type cruelty committed against you in Australia, you can file criminal complaint under Section 498A against him in India at the place of your residence. Procedure you need to follow is, file a complaint in local police station, if local police do not take cognizance of your complaint you can approach higher ups of police. On instructions of higher ups local police will register FIR, summon husband to India and if does not come, warrant will be issued against him, thereafter LOC will be issued and he will be arrested whenever he lands in India. There is no such watch list in Australia, there is only airport watchlist to keep watch on kids.
It is difficult to determine what exactly the "watchlist" refers to without additional information, but being on a watchlist typically means that your movements and activities may be monitored by authorities due to concerns related to security or criminality.
If you are under a watchlist, it may affect your ability to travel, obtain visas or other legal documents, or access certain services. It is best to consult with Australian authorities for more details on how being on a watchlist may impact you.
Regarding the second part of your question, it may be best to seek legal advice in both India and Australia to clarify your rights and responsibilities in this situation. It may also be helpful to carry copies of any relevant legal orders or documents when traveling to Australia. You are advised to take a detailed legal opinion based on exact facts and available documents.
Regards
Yes you can continue at AU and work but the legal proceedings in both the nation will be secured on its merits
Dear client,
A watchlist is a list of individuals who are deemed to pose a potential risk to national security, public safety, or other interests of a country. Being on a watchlist means that authorities will monitor your activities and movements more closely than usual.
In Australia, the government maintains several watchlists, including the Movement Alert List (MAL) and the Immigration Alert List (IAL). These lists are used by various government agencies, including the Australian Border Force, to prevent individuals from entering the country or to detain them upon arrival.
If you are under a watchlist in Australia, it could potentially affect your ability to enter the country or to move freely within the country. However, being on a watchlist does not necessarily mean that you will be stopped or detained. It depends on the nature of the watchlist and the specific circumstances of your case.
Regarding your travel back to Australia, you may need to provide the relevant authorities with any legal documents related to your divorce and any other legal proceedings in India. You may also want to consult with an immigration lawyer or the Australian High Commission in India for further guidance on your specific situation.
It is important to note that the laws and procedures related to watchlists and immigration can be complex and vary depending on the circumstances. It is advisable to seek professional legal advice before taking any actions that may affect your legal status.
