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nishant (Mr)     26 November 2014

Divorce case for nri

 I write about a divorce case
My sis in law was married to an NRI (Australian) in India as per Hindu marriage rites and thereafter joined her husband at Australia. On arrival at she was subjected to mental,physical and emotional abuse. She was able to sustain the same for quite a period of time. However the matter turned worse during her pregnancy wherein she filed a case of domestic violence in Australia after she was subjected to abuse beyond her threshold. The case was registered vide which the   Husband was  to stay away from my sis in law for a period of one year as a case of domestic violence was registered against him as  during her pregnancy the mental,physical and emotional trauma was to much for her to bear that she had to seek legal intervention.

During this period  my sis in law became an Australian national and  gave a birth to a son. The  husband during the ensuing period send some docu    to my sis in law at India address which was returned  as she was at Australia. Now the husband claims that these were divorce papers which he deems was legal and that he is divorced since the papers were not received as a  one sided divorce from his side therefore legal.
The husband even during the child birth was absent and till date has not even cared to take care of the child.

my sis in law seeks help on the following account 

1. Validity of  divorce at India for an Australian National? or the method of divorce for NRIs?

2.  Status and legal rights of the son who is 8 months  old if the divorce is deemed correct in India as the kid is an Australian national by birth.

3. Alimony and other related issues?

thank you 

awaiting your reply



 1 Replies

Adv. Chandrasekhar (Advocate)     27 November 2014

1. Validity of divorce at India for an Australian National? or the method of divorce for NRIs?

The validity of divorce can be challenged in Indian Court on the ground that the notice for divorce has not been properly served.  And she could not get the enough opportunity to contest the case in divorce court in Australia.

2. Status and legal rights of the son who is 8 months old if the divorce is deemed correct in India as the kid is an Australian national by birth.

He is entitled to maintenance as per Indian law.  Family court will decide the amount.  In the meantime, you consult Australian Advocate and compare the maintenance the child would get under Australian Law.

3. Alimony and other related issues?

There are two types of maintenance for wife.  One is maintenance during the pendency of the case challenging the divorce decree.  If she is earning handsomely, she may not get it.  Next permanent alimony, which will be granted only in the case there is a valid divorce decree.  If she accepts his divorce decree she can claim for permanent alimony.  Or otherwise, if she contests the validity of divorce decree and if her petition is dismissed, in other words, the court accepts his divorce decree, then also she is entitled to move application for permanent alimony.  The amount depends upon the income of both the parties.  Again, you compare it with Australian law, because in India, a working woman, that too, handsomely earning woman, won't get maintenance or get peanuts.  Again for the same reason, the maintenance that is available under S.125 cr.p.c. or S.20(1)(d) of Dometic Violence Act may be denied to her by Indian courts.


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