Settled aboard divorce in india

Hello sir,

There will total one year of waiting time for divorce.

As we already living seperatly from last one yr , can court waive cooling off period & grant divorce at the earlist.

In australian court grant divorce after two months of filing. Since divorce in australia is not valid in India as we both are Hindu  Indian citizen , can i submit australia divorce as source for fast divorce filing.

Is there any other way where divorce is fast  in India within two months for NRIs.

Please help ,

thanks

No Mam,

Indian laws give more to hindu traditional values.Hindu marriage is considered to be sacred as it is performed according to vedic traditions.There are some strictures to be followed by the indian courts,wherein  a chance is given for reconcialiation or reunion.Hence divorce is not express service as in Australia or elsewhere.

That means if sumone who has got married under Hindu Act adn resides abroad, shall get divorce under which Act.. Hindu Act only after filing application for mutual consent in India, or in Australian Courts??? Pls clerify..

Hello Sir,

As per news in media, there is possibility of wavier of cooling off period from 2012 onwards. How far this info is true?.

When couple already living seperatly for more than a yr, why there is another extra  time for reconcialiation.

Not only divorce is express service in australia, laws are always helpful to citizen to lead peacelife which is so complicated in india.

Yes now in India cooling off period can be waived if a request in form of application is made to teh Court, showing that teh husband adn wife are already living seperately for more than a year or so and that they have no chances of reunion...

Just go through this article:

The recent decision of the Union Cabinet to leave it to the courts' discretion to do away with the mandatory six-month waiting period for couples seeking divorce to move a joint petition by mutual consent, is being seen as a positive move but only for a limited range of divorce-seekers.

“It is a positive step in terms of speeding up divorce procedures. It will help those educated lot of litigants who are seeking divorce after they have put in enough throught into it and concluded that their marriage is indeed irretrievable. However, there are many rural and uneducated litigants who are ‘advised to file for divorce’ or are misguided, for whom the six-month ‘cooling-off’ period is important,” said advocate Rekha Koratkar, who has been practising in the Pune district family court for over two decades.

Giving her views on the Marriage Laws (Amendment) Bill, she added that the six-month period could be brought down to two or three months, instead of completely waiving it. Agreeing with her, advocate Asim Sarode said the cooling-off period sometimes resulted in reconciliation of couples, thus saving a marriage.

According to Smita Joshi, a counsellor with the Pune district family court, it is mandatory for all divorce-seekers to see a counsellor during these six months.

“We counsel them and look for any potential where the couple can get back together. There are couples that start living together and withdraw the divorce petition after counselling,” she said. The counsellor's report is mandatory and is taken into consideration by the court while granting divorce.

If the six months’ time is waived, couples will not get enough time to think over their decision. There are many who file for divorce out of outrage. The cooling-off period is necessary in such cases, where there are chances of reconciliation,” said advocate Asunta Pardhe, who is also a women's rights activist.

All the three other amendments in the marriage laws approved by the cabinet, giving rights to adopted children on par with biological offspring in case a couple goes for divorce, allowing a woman a share in her husband's property and provision of one-time maintenance to the woman, have been hailed by lawyers and activists.

“The decision of paying one-time maintenance to women will help in reducing pendency in family courts by at least 30 to 40 per cent,” said Koratkar, who was the first president of the Pune district family court bar association.

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Dear Mam,

You can call me up on 9842197857 and get proper legal advice in your case.

https://www.jeevaganadvocate.com/contact.php

It will take time max 6 month. But it may less than six month. Its depend on Coutrt.

 Produced various citation of SC/HC before court. So that he may assured that there is no chance to live together both of you as husband wife.
Your husband earned own- so he is free to give this property anybody.
But you and your children can get maintenance .

We both are living aboard, will the maintainence will be as per living standards in aboard.

Please clarify.Will i be forced to live in india after divorce in India

What is your profession? Are you working abroad? Maintenance depends on the income of your husband and not on the living standards.

Hi,

I  have the same problem as Anne. Only difference is I've been married for 23 yrs. If both husband and wife are Australian  permanant residents and got  mutual divorce in Australia, won't it be valid in India?.

Poppy

Poppy,

You will be confusing the original querist if you continue in the same thread.Kindly change your thread and get advice from the experts.

Hello,

Iam not working , homemaker. never worked in India or aboard.My children are studying.

Poppy is not confusing anyone.

Australian divorce is not  valid in India if married in India.

There is new law recently in india .

WIfe & children are eligible for husband;s self earned property in case of divorce.

i have got to know from CAW cell in India that divorce is australia stands valid even if marriage is done under Hindu Act...