• Australian contested divorce decree validity in India

Hi,

I got my divorce granted by Australian Federal Court in Dec 2022. My lawyers in australia served my ex partner all the documents required and gave him appropriate time of 45 days to reply if he wanted to contest it but no reply was received by him. Hence, my divorce was finalised. Now i want to get the divorce decree valid in India and want to know what would be the procedure, timeframe and whether or not it would be possible. Kindly share some insight into it with thanks.
Asked 2 years ago in Family Law
Religion: Sikh

4 answers received in 10 minutes.

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10 Answers

You need to validate the divorce decree in india for its admissibility in India 

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

Kindly clarify on what grounds was divorce granted 

 

it should be on grounds recognised by HMA 

 

no fault divorce is not valid in India 

 

 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

It is necessary to peruse divorce decree to advice 

 

only after going through the documents can we advice 

 

seek phone consultation with any lawyer on this website 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

You need to approach a lawyer he will file the same in appropriate court, it will take some time. Cost can be only quoted once we go through the decree and other details. Consultation charges apply.

Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

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Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

You shall be required to file divorce in India. Australian divorce is not valid in India. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

The divorce decree obtained from an Australian court is not valid in India, you have to continue your divorce case in India once again if you want to re-marry because this divorce is considered as an exparte divorce.

.when an ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2501 Consultations

You have to file a fresh contested divorce case in India but if he agrees for mutual consent divorce, then it can be disposed within very short period, i.e., within six months from the date of filing.

The court fee and lawyer fee can be enquired from the lawyer to be engaged.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2501 Consultations

To get your divorce decree from Australia recognized and valid in India, you will need to follow a specific procedure. 

 

Here is a general outline of the procedure for getting your Australian divorce recognized in India:

 

Obtain a certified copy of the divorce decree: Contact the Australian court where your divorce was granted and request a certified copy of the divorce decree. This copy should be attested by the appropriate authority, such as the Australian Department of Foreign Affairs and Trade.

 

Authenticate the divorce decree: Once you have the certified copy of the divorce decree, you will need to get it authenticated. This involves obtaining an Apostille or legalization from the Australian embassy or consulate in India. The specific process and requirements may vary, so it's important to contact the embassy or consulate for guidance.

 

Submit the authenticated divorce decree in India: Once the divorce decree is authenticated, you will need to submit it to the relevant authorities in India. Typically, this involves submitting the documents to the local Indian embassy or consulate, along with any required forms and fees. They will guide you on the specific procedure and documents required for submission.

 

Registration in India: After the documents are submitted, you may need to register the divorce decree with the appropriate Indian authorities. This could include the local marriage registrar's office or family court. The exact procedure and requirements may vary depending on the jurisdiction in India where you wish to register the divorce.

 

As for the timeframe and cost involved, it can vary depending on various factors, including the specific requirements of the Indian authorities and the efficiency of the process. The timeframe can range from a few weeks to several months. The cost involved may include fees for obtaining certified copies, authentication, translation services if required, and any registration fees in India.

 

 

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

- You should know that 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. 

- But, if the matter is uncontested, one party comes back to India where marriage had taken place or not contested the case after receiving the notice , then the divorce as granted by foreign Court will not be applicable in India. 

- Since, your partner has not participated in the  proceeding , then the said decree of divorce is not valid in India. 

- You will have to file a contested divorce case in India.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Australia is not the reciprocating territory of India. So this court order may not be valid in Inida but you try to execute Divorce order in India by filling execution petition is local session court

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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