File petition fir declaration u der section 7 of family court act fir declaration that marriage is dissolved by Australian divorce decree 

2) enclose certified copy of divorce decree duly apostled 

3) it should not take more than 4 months or so 

You can get the same validated in India as India doesn’t have the ground of said irretrievable break down of marriage still same can be validated 

The Australian divorce based on irretrievable breakdown of marriage can raise questions in Indian courts because that ground is not explicitly recognised under Hindu Marriage Act/Special Marriage Act.

An Australian divorce based solely on "irretrievable breakdown" is generally not valid in India for a marriage solemnized in India under Hindu Law, according to recent Indian judicial trends. Indian courts emphasize that foreign courts cannot dissolve marriages governed by the Hindu Marriage Act, 1955, as "irretrievable breakdown" is not a recognized ground for divorce under that Act. 

The Supreme Court of India has indicated that foreign divorce decrees are not binding in India unless they are based on grounds recognized by the HMA, 1955.

A marriage solemnized in India remains legally binding under Indian law even if a divorce is granted in Australia. 

It is highly recommended to seek legal counsel in India to obtain a valid divorce decree in India to ensure it is recognized.

1. Since Australia is not one of the Reciprocating Countries recognised by the Indian Government, divorce decree obtained from Australia has to be revalidated from the competent jurisdictional Court in India. 

2.  The time can't be quantified. But it may take around 2 to 3 months.

3.  If you would like to contact me,  please contact through Kanoon Corporation.

Since your marriage was solemnized in India but the divorce was granted by a competent Australian court where both parties were domiciled and the petition was a joint one, the foreign decree is generally recognisable in India under Section 13 of the Code of Civil Procedure, 1908. A divorce by mutual consent or joint application, granted on the ground of irretrievable breakdown of marriage, is treated by Indian courts as valid, provided principles of natural justice were followed and there was no fraud or jurisdictional defect. As both spouses voluntarily participated and submitted to the Australian court’s jurisdiction, the decree is not hit by any of the exceptions under Section 13 CPC.

Strictly speaking, Indian law does not mandate a separate “recognition order” for a valid foreign divorce decree. However, for practical purposes such as remarriage in India, change of marital status in records, or to avoid future disputes it is advisable to approach an Indian court by filing a declaratory suit under Section 34 of the Specific Relief Act, 1963, or to rely on the decree as a defence if any contrary claim is raised. The court will primarily examine whether the foreign court had jurisdiction, whether the decree was on merits or by consent, and whether it is not opposed to Indian public policy. A certified copy of the divorce decree and proof of domicile or residence in Australia will be essential.

As regards timelines, a declaratory suit for recognition typically takes around 6 to 12 months, depending on the court’s docket and whether the other party contests the matter; if uncontested, it may conclude sooner. In many cases, especially where there is a mutual consent foreign divorce, parties proceed without a separate recognition order and simply rely on the decree when required.

To have your Australian divorce decree recognized in India, you must file a petition under Section 13 of the Civil Procedure Code (for recognition of foreign judgments) in the competent Indian Family Court. The process involves submitting your authenticated Australian decree, proof of domicile in Australia, and demonstrating that the judgment was given by a court of competent jurisdiction. There is no fixed timeline, as it depends on the specific court's caseload, but you should expect the process to take at least 6 to 12 months, and potentially longer if any objections are raised. I am an AI assistant and cannot contact you directly or provide legal representation. For this specialized procedure, you must engage a qualified Indian family law attorney who can file the necessary petition on your behalf and guide you through the court process.