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anitha (other)     10 January 2011

Is my marriage valid

Hi Sir/Madam,

I got married in Aug'10 to divorcee.  He got divorced in Australia with his ex wife according to the Australian law in 2007. He showed us that divorce before marriage and we got married in a temple. But later after marriage i came to know that his ex wife filled a case againest him in India in 2008 for harrasement , maintance and divorce and that case is still running. Now i am confussed whether my marriage is valid or not.

Is the divorced obtained from overseas is valid in India?

Please help me..

Thanks

Anitha



Learning

 37 Replies

Jayaprakash Narayan (Partner in the Law Firm)     10 January 2011

Hello Anita,

                   I am sorry to say this, your marriage is not valid. And did you check any certificate from their embassay stating the same? Coz most of the laws in countries specify the necessity of the same.

Regards,

Jayaprakash Narayan

anitha (other)     10 January 2011

Hi Jayprakash,

Thanks for your reply. He has submitted all the douments to court that he got it from overseas but the case is not movining in the court from last 2 years and he is not staying with her from last 4 years.

Jayaprakash Narayan (Partner in the Law Firm)     10 January 2011

Hii,

 And I doubt coz no case would be left unheard for such a long time. Your husband's advocate should have stressed for dismissal. And if it has all the necessary documents required are provided, your marriage would no doubt be valid. And since you are not aware of the documents submited. Hope for a positive order.

Regards

1 Like

JT Rajasuriya, Chennai (Advocate 98410 53790)     10 January 2011

Probably he got an ex-parte decree from Australia - which can always be countered. The Indian case is going to have more validity if the earlie marriage had been in India. Your husband should face the Indian case squarely and convince the court.

Kirti Kar Tripathi (lawyer)     10 January 2011

in case, the divorce is not ex-parte, it is valid otherwise, you are in trouble.

 

Avnish Kaur (Consultant)     10 January 2011

plaese give more facts of case including place of each marriage , nationality and citizenship of each person and his/ her stay in australia.
 

Saurabh..V (Law Consultant)     11 January 2011

@Anitha

 

First marriage of your husband was performed in India (as I presume it). If it is so, then taking divorce in Australia would not supercede HMA,1955. He will have to face consequences in India unless he and his first wife are not given Green Card/Citizenship in Australia.

 

Yours is a void marriage ab initio. So you need a legal advice to come out of this situation. I advice you contact a local lawyer with above information.

 

 

//peace

/Saurabh.V

Arup (UNEMPLOYED)     11 January 2011

put here the details as required by ms kaur.

before coming to any conclusion it is necessary to know the details of the past marriage.

as an example, suppose both the spouses at australia, but one party do not attend the court, then the divorce valid, but if one at india and unable to attend the australian court then the divorce invalid.

in case your marriage invalid in want of divorce, then also you entitled to get maintenance.

if you want to convict your husband that also open to you - because he suppressed the fact from you, which he can not.

now ddecide what will be your next step?

1 Like

anitha (other)     11 January 2011

They got married in india later they went to Australia and at the time of divorce both are in Australia. After few of divorce she came to India and filled a case. Both of them Dont have citizenship in australia.

Avnish Kaur (Consultant)     11 January 2011

PLEASE GIVE DETAILS OF years , even if ur marriage may be void , he cannot rum awy from his responsibilty towards u and children(if any). discuss full facts , if not here then with an expert lawyer.

anitha (other)     11 January 2011

His previous marriage happened in May 2006. Got divorced in Australia in 2007 and they dont have kids. She filled case in india in June 2008 and its still in court. We got married in india in Aug'2010.

Avnish Kaur (Consultant)     11 January 2011

you just wait and watch .if u have a happy life two of you contact a gud lawyer to get rid of her.

anitha (other)     11 January 2011

Thank u avinash. My concern is bcoz my marriage is not valid if she proves our marriad will it be a problem for the case?

Will the overseas divorce valid in india?

Avnish Kaur (Consultant)     11 January 2011

wat u want? do you want to continue ur relation or not?

yes ur marriage is void .

first tell ur view point wat u want?


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