LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ramesh (IT)     23 September 2008

Divorce in foreign land valid in India?

i got divorce in Australia in this year itself and it's been 6 months.

My question is can i contest or prove this divorce in-valid in india(U.P.). court in australia fixed a date for us to consider and contest if i like, which i didn't, and granted divorce in our absence. now can this divorce be proved invalid in india by any how?

Lawyers please guide through the process and how to proceed

Thanks



Learning

 12 Replies

anil kumar (service)     23 September 2008

The jurisdiction of court to entertain and decide any matrimonial dispute depends upon as to the place where the respondent resides, marriage was solemnised, i.e the place where the cause of action arose and the law which govern the marriage depending upon the religion of the parties to the marriage etc. So, in the absence of necessary details a firm view would not be possible. Give some more details to enable us to express opinion. 

SHEKHAR MISHRA (public servant)     23 September 2008

Your     question    lacks      details.Please    give     details    of    marriage.

ramesh (IT)     24 September 2008

Ok


We got married in India in 2004(court marriage), in 2005 normal hindu marriage.


stayed in India for 2 months then moved to australia.


stayed together for next 2 years(became permanent residence in the meantime). seperated in 2007, filled for divorce in 2008 after 1 year of seperation and granted as stated that we wish to live in australia in future.


Now i heard this divorce is not recognised in india as we got married in indian court and have to get divorce in india to make this valid?

jatin sharma (LAWYER)     24 September 2008

my dear ,frend i have know u r problem! but u don,t told full explanion about u r marriege so if u register u r marriege in india then  if u want divorce  than its is appicable on certain reason


but can u tell me all facts of case than i hepl u proply ok

ramesh (IT)     25 September 2008

to get divorce in Aus, u don't need to prove something, just start living seperately for one year and apply. if other party want to oppose, they have to do that within 28 days of the application, otherwise divorce will go ahead and called as no fault divorce. pls check this


https://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/


 

N.K.Assumi (Advocate)     25 September 2008

See the case of  Sathya Vs Teja singh AIR 1974 SC 105 and Narasimha Rao Vs Y.venkatalakshmi (1991) (3 ) SCC 451.

ramesh (IT)     25 September 2008

Please ellaborate the above mention cases. And where can i find this on web?


Thanks

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2008

Mr. Ramesh,


search in web www.scconline.com


 

ramesh (IT)     25 September 2008

Any confident lawyer interested in filling my petition in session court, please contact me. outcome of this case doesn't matter at this stage, filling of case is the important part for me.


 

Srinivas.B.S.S.T ( Advocate)     04 October 2008

Where the husband had obtained a decree from a court outside India

but wife did not submit to jurisdiction of that court, it was held that

as their matrimonial disputes or relationship was governed by the

provisions of HIndu Marriage Act, as both husband and wife are Hindus,

therfore the decree obtained by Husband in foreign court was neither

recognisable nor enforceable in India. Anubha vs Vikas Agarwal AIR 2003

Del. 175. However if the wife submitted herself to the jusridiction of

that foreign court then that decree will become executable in

India.  Regards Srinivas. BSST

sahil (khanna.sahil70@yahoo.com)     13 February 2011

Hello Sir,

                my friend was married in India and went to Australia.But due  to some reasons she got divorce there and she has certifcate too.Now she want to marry in India.

Do we need to apply here too in india for divorce because marriage was registered here?

Is divorce certificate from australia is valid here?

What is the procedure to get divorce here ?

because she is girl and we do not want to open all this. That boy is in australia and now he has no relation with my friend.plz help me or make me a miss call and i will call back you.8427090642


(Guest)

No it's invalid in India.

 

BTW,why did you post your query in a thread of 2008?It's quite amusing.

 

You must start a new thread to get replies.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query