• Divorce

Hi, My name is Pardeep. I just want to discuss I am an Australian resident my question is that if I get divorce in Australia do i need to get divorce again in India as well?
Asked 1 year ago in Family Law from Australia
Religion: Sikh
1) if your wife has participated in divorce proceedings in Australia the divorce decree would be valid in india 

2) you dont need divorce in india as well 

3)  “Once the decree of divorce is granted by a foreign court after the parties submit to its jurisdiction and after contest or agreement, the marriage stands dissolved. Nothing further survives in the marriage
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1. The order of divorce passed in Australia is valid in India as well if your wife contests the proceeding in Australia.
2. Alternatively you can file divorce suit in India as well.
3. No court of law in anywhere in the world forces a party to live with his spouse against his wish.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
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Hello,
1) If your wife had been party to the divorce proceedings in Australia and divorce was obtained thus the decree of divorce is valid in India as well.and therefore you do not need to file for divorce in India subsequently.

2) If your wife says 'no' to your application for divorce in India it will be a  contested divorce.. No court can compel the husband to live with his wife.However the contested divorce will take a longer time to dispose of and you will be liable to pay maintenance to her during the pendency of the divorce proceedings if she files for divorce.

3) It is advisable to convince her for a divorce by mutual consent and arrive at a settlement regarding maintenance and alimony.This will help avoid protracted litigation and unwanted delay in your getting a divorce.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce. However you may seek the decree of divorce from Australian courts on the grounds applicable to you but will this decree of divorce be legally applicable/recognized in India or not depends on conditions laid down in section 13 of the Civil Procedure Code & the principle laid down by the Supreme Court of India.

When a foreign decree of divorce is valid only in following situations 
(a) when the couple decides to take divorce by mutual consent and 
(b) when the person who is contesting divorce attends divorce proceedings and the foreign court grants divorce on grounds that are permitted grounds of divorce under Hindu Marriage Act.

the mutual consent divorce take 8 months time but other divorce petition seeking more times depends up on the number of pending case before the court .

The court will not put pressure on to keep your wife with you ,but you have to provide accommodation to her in share house hold basis.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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1. The divorce granted by a court in Australia will be valid in India till such time that an Indian court sets it aside as illegal. 

2. If either you or your spouse is a citizen, or your marriage took place in India, you should apply for divorce in India to preempt a future challenge to the judgment of Australian court in India. 

3. If she is not willing to come aboard for mutual divorce then you may unilaterally apply for divorce in India on the ground available to you under the Indian law.

4. It may take around a year to 18 months depending on where in India you are going to file for divorce. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1) contested divorce cases take around  5 years 


2) mutual consent takes 6 months 

3)you have to make out a case for divorce ,prove allegations made in divorce petition 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, My name is Pardeep. I just want to discuss I am an Australian resident my question is that if I get divorce in Australia do i need to get divorce again in India as well?

Whether your marriage took place in  India as per Indian laws, Hindu religious rites and caste customs?, if so this issue is very sensitive.
You  can apply for divorce in Australia, conduct the proceedings by summoning her for the trial proceedings.  On receipt of summons either she may contest or agree  for mutual consent divorce, the resultant divorce or dissolution of marriage by a decree of divorce made in Australia is valid in India, you need not apply for divorce again in India after that, but if the divorce was granted 'exparte' by a court in Australia, it may not be valid in India, and as per Indian laws you both will still remain  couple married  to each other.In such a circumstance you may have to apply for divorce again in India for getting  your marriage dissolved as per law. 
Try and look for an amicable solution with her through mutual consent itself.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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Okay Sir, if I apply divorce in india so how long time it's gona take and what will happen if she say no I don't want to take divorce in that situation would court put pressure on me to keep her with me?

If there is no sign of your wife participating in divorce proceedings initiated by you in Australia, you may apply for contested divorce in India itself.   The contested divorce proceedings may prolong to years for disposal.  However since you are residing in Australia, you may execute a power of attorney deed in favor of any one of your close relatives in India to follow the proceedings on your behalf during your absence on the dates of hearing  through your advocate.  You may fly back to India for deposing evidence in the proceedings when the stage for that arrives.
You can also avail video conferencing facility during that time if you are not able to be physically present before court during trial stage for deposition  of your evidence. 
The mutual consent will take six months in India.
However you dont have to keep her with you against your wishes if you don't like to live with her anymore, but you may have to provide residence to her if she seek for it through court and also maintenance if she becomes eligible for it as per court order.  But court cannot force you to keep her with you against your wishes.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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Hi, if your wife is participating in the proceedings in Australia then you need not take divorce in India.

2. Suppose if she is not participating in the proceedings in Australia then the order passed in Australia is not valid and you have to take divorce in India.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. If the ground for divorce in Australia is the same and recognised in India, then it will be legally valid in India also and there will not be any need to obtain the divorce in India once again.
2. Convince your spouse to agree for 'Mutual consent divorce' and the MCD takes 6 months.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
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the court will not force you to keep her with you.

if she is unable to fight the divorce case in Australia then there is no use of divorce decree passed by Australian Court, it will be better to try to settled the matter amicably with her and file Mutual Consent Divorce before family Court, it will be better for both of you, if not possible then file a contested divorce against her before family court. Practically  there is no specific time limit for finalization of the cases in Indian, approximately 2-3 year or more.

 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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