Singham Sharma (Advocate) 19 May 2011

Validity of INTER PARTY International Divorce

Dear Advisor,

I filed application of divorce in Australia which my wife Acknowledged and presented her Response to Divorce and accepted fact that we have remained seperated for One Year and dont have any kid. Based on her written reply, Federal Magistrates Court of Australia dissolved marriage and granted Divorce.

Though we both are Indian citizens but I have been residing in AUS for last 5-6 years at the time of filing divorce. Both countries have common base of English law and are part of common wealth .

Divorce was granted on the basis that [1] No Kid [2] Marriage Irritrievably broken...

I believe that it complies with Section 13 CPC so divorce order is INTER PARTY and Valid Order. Soon after receiving notice of divorce she filed 498a / 406 etc and that has not challenged divorce yet.

Now my question is

Is the Australian Divorce Valid in India ?

Regards, Anonymous

Reply Follow

4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 19 May 2011

YES IF SHE HAS ACCEPTED THE SAME

Tajobsindia (Senior Partner ) 19 May 2011

@ Author

1. As per S. 13 CPC it is a valid divorce.
2. But the problem with empowered Indian wife's mentality remains the same as illustrated in this query. If she had any grievences on mental cruelty and or stridhan accounts she could have very well utilised the local Courts for relief why come back in Indian soil and initiate the legal terrorism chapter once divorce effective already betwen parties?
3. Better to continue living in OZ and let her hair turn grey in India.

Arup (UNEMPLOYED) 19 May 2011

Divorce was granted on the basis that [1] No Kid [2] Marriage Irritrievably broken... I believe that it complies with Section 13 CPC so divorce order is INTER PARTY and Valid Order --- cpc or hma, marriage irritrievably broken down - not the ground of divorce in india.

Soon after receiving notice of divorce she filed 498a / 406 etc and that has not challenged divorce yet. --- this will be treated as seperate case.

Is the Australian Divorce Valid in India ? --- yes.

has she appeared in divorce case at aus?

Singham Sharma (Advocate) 21 May 2011

She does not accepts the divorce, but either spouse can file for divorce. Having Acceptance or Mutual is not necessary for divorce.

Regarding "Appearance" she did not appear physically She only Acknowlded and Responded through her WRITTEN REPLY directly to Family Court Magistrate through her Indian Lawyer after due afidavit and attestation. She submitted evidence to prove that I am cruel

Magistrate read her written response and mine and granted divorce.

I think Indian courts will accept Australian Divorce.