Process to set aside foreign divorce

Hello 

where you marriage will held in india or abroad 

if your marriage in India than he could not legally valid divorce till he could not file case in india coz foreign court decision not vaild in india.... 

and if he marriage to other person than marriage not valid in india 

you have option to file case in india and send ,him notice on his address where he currently living .

Hello Madam,

In the facts and circumstances narrated in your query, You have to file a suit for declaration in the competent court of law having matrimonial jurisdiction in respect of your marriage in India, for the relief of a decree declaring the ex parte judgment and decree of divorce passed by the foreign Court as invalid and not binbding on you. You also can move an interlocutory application therein, for stay of the foreign decree pending disposal of your main suit for declaration. Your husband's probable second marriage during the pendency of your suit filed in Indian Court would be invalid and he can, therefore, be prosecuted for the offence of Bigamy under Section 494 of Indian Penal Code punishable with imprisonment of either descriptttttion for a term which may extend to seven years and shall also be liable to fine.

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You will have get the "ex-parte" decree set aside by the same Court which passed it; otherwise, it has attained finality and binding in India also.

Consequently your ex-husband can remarry, it would be valid. 

You will have to file case in Australia. You can give a public notice in newspapers in Australia stating all the facts and saying that anyone who marries him will be doing so at her own risk and responsibility.