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radha (Executive)     29 July 2012

Aboard divorce

Hello,

I was married in India under hindu marriage act & have permanent residency of Australia.

We filed for mutual divorce in India family court  in Feb 2012 & court has given next hearing date as November 2012

also we filed  in Australia family court for mutual divorce  in March 2012.

Australia family court has issued divorced  in May 2012 & settlement has been done .

1. How can i close divorce case in India to avoid delay time as we are already divorced in Australia under mutual .

2. Can i get  married in Australia or  India under hindu marriage act  as divorce has been issued in Australia

 

Please advice

 

Radha.



 3 Replies

Adv. Chandrasekhar (Advocate)     29 July 2012

you and your ex-husband move application along with the divorce decree issued by Australian court before the Indian Court where MCD petition is pending seeking dismissal of MCD petition in terms of the divorce decree passed by Australian Court.  This application has to be moved jointly by both yourself and your ex-husband.  You are free to marry either in India or Australia as per Hindu Marriage Act, as your ex-husband is a consent party to the divorce decree passed in Australia.

radha (Executive)     30 July 2012

Hello Sir,

Thanks for reply.

We both have received divorce certificate after both being present for the hearing in Australian court.

For safer side , We want divorce certificate from Indian court as we were married in India under hindu marriage act.

Can indian court issue divorce certificate early  based on Australian divorce certificate & we both have filed for mutual  in both the countries.

thanks

Radha

Adv. Chandrasekhar (Advocate)     30 July 2012

If you want to have divorce decree granted by Indian Court, you have to wait six months from the date of filing the MCD petition.  The court, as per prevailing law, does not have right to waive off this six month' s period.  So wait till the next date of hearing, which has already been fixed by the court.


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