File petition for quashing of FIR in HC 

divorce decree obtained abroad would be valid in

india as wife has actively participated in divorce proceedings and not objected to jurisdiction of Australian courts 

If she had contested the divorce case in court and it was granted after hearing both the sides, and the subsequent marriage in Australia is very much valid.

The only issue here is that either you should have filed  suit for declaring your Australian divorce as legally valid or she should should have filed a suit to declare that this divorce is invalid.

However since the divorce had taken place in the year 2016 that too in which she participated properly, the criminal case filed by her may not be maintainable, however this should be challenged properly in the trial court. 

Actually you should have performed Mutual Consent Divorce in the year 2016. When you have sent an email Notice to her for divorce at that time you could have sent Mutual Consent Divorce papers.

Yes, What she is stating now is correct, overseas divorce are not valid in India. Now ask her to come forward for conclusion and perform Mutual Consent Divorce. 

As per law you should have waited for one more year to perform second marriage i.e. instead of getting married in 2019, you could have married after March 2020.  There should be gap of non communication between spouses for 7 years.

Details like divorce order, pleadings of parties in said divorce case filed and contested in Australian Court, FIR or Complaint filed by wife in India are required to be examined to ascertain the exact position. Had your wife challenged the divorce decree passed by Australian Court by way of appeal or revision? However, based on contents of query the opinion is as under:- It is correct that divorce obtained from an Australian court is not valid in India. However, if you wish to remarry in India as per Indian laws, then as the divorce granted by Australian court is not valid in India, therefore, you are to be required to file a fresh divorce case in India once again to dissolve your earlier marriage. In your case this principle does not apply for various reasons particularly you had remarried in Australia itself. So prima facie no case of 494 and 34 IPC is made out against you. 

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

In a contested case, the decree from Non reciprocating territory like Australia is  valid. Foreign orders/ decrees/judgments cannot be directly executed in India unless they are the judgments of courts in "reciprocating territories". In all other cases, the only mode of giving effect to a foreign judgment is to file a suit on the judgment in an appropriate Indian court, which has to be tested by section 13 of the Civil Procedure Code.Section 13 of the CPC deals with alternatives under which a foreign decree may not be recognized by an Indian Court; and until and unless, the foreign decree is in conformity with the public policy which is equity and good conscience, such a decree may not be recognized

After getting the decree , 498A has no validity and criminal case filed by your wife will not be maintainable. So try to quash the FIR .

You need to contest the same in india. If she was served and party to that divorce you can contest it

- You should know that ,  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 US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Further, if she not participated in the proceeding of divorce filed by you in Australia, then the decree will be invalid in India 

- Hence, if she had participated in the proceeding of the case , then the decree is valid in India, and you was having your right to re-marry and no bigamy applied . 

Australia is not a reciprocating territory of India. Divorce not valid. Since you are Australian Citizen holding Ausii Passport.

Hardly any repercussion.

Dear Sir,

Under the CPC, there is provision to deal with foreign decrees, judgements etc., Kindly refer Sec 11, 13 & 14 of CPC,1908. Only in cases where Judgements which are not pronounced by court of competent jurisdiction, the divorce that was granted by such a court will be considered invalid. Whether the divorce amounts to being invalid, depends on whether the divorce was pronounced by a court of competent jurisdiction. It will not amount to bigamy if you prove that divorce so obtained was pronounced by a court of competent jurisdiction. Kindly take a copy of the Judgement and file an Execution Petition in India. Since you are an Australian Citizen, execute a Power of Attorney granting some body close to you power to prosecute on your behalf. 

Dear client,  

In your situation, since you got divorced in Australia in 2016 and subsequently remarried in Australia in 2019, it's advisable to consult with a lawyer to understand the legal validity of your divorce and subsequent marriage in the context of Indian law.

It's worth noting that divorce laws and recognition of foreign divorces can vary between countries. In India, the Foreign Marriage Act, 1969 governs the recognition of foreign marriages and divorces. The act provides for the recognition of marriages solemnized outside India if certain conditions are met.

In the case of your divorce being contested by your ex-wife in India, it's crucial to consult with a lawyer who can assess the specific laws and legal requirements in India. They can guide you on the best course of action and represent your interests in the legal proceedings.