Sunny 04 January 2017

Nri divorce and remarry

Hi there, I used to be a citizen of India. Since 2012 I am a citizen of Australia. I got married to an Indian girl in India acc to Hindu marriage act and registered in India.

After about a month of marriage in india we both started to live in Australia. After 2 years I decided to get a divorce as i could not taker her mental torture any more. Recently I got divorce from Australian court under "Irrevertable breakdown of marriage". All together its been more than 3 years that we have been living apart.

Also there is a letter of understanding between us that I had to sign that states that I will not contact her and If I do contact her its a criminal offence.

Divorce that I obtained is not mutual. She objected for divorce in Australia but the court rejected her plea as I managed to satisfy the conditions for divorce in Australia. Her objection was that marriage was done in India so divorce should be taken in India. Before I obtained divorce in Australia, i applied for divorce in India also but she obscounded from India to escape the proceedings here in India. Now with letter of agreement in place between us, I have no way of knowing her wear abouts.

She is a Australian Permanent resident holder and living and working in Australia.

Can i use the divorce i obtained in Australia and re-marry?

If not what are my options. Please help. Really appreciate any help and suggestions.

Thanks
Sunny

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6 Replies

(Guest)

That is true bro,better to marry someone other then India.

(Guest)

That is true bro,better to marry someone other then India.

whatnot 04 January 2017

If you want to play safe, Get divorce attested by Indian cosulate in Australia, find a lawyer in India where you got married (or last plce of residence in India) with her address of current residence (in Australia) submit documents and let the court send her docuements. And you follow on exparte. You may have to give Power of attorney to someone to attend court dates (at submission you need to be present). COurt may grant.

For all the pain Indian woman brings, they are still best of the lot. Off course unless you find a Russian.

whatnot 04 January 2017

But on second thought, since you have Australian passport, you may chuck all the rest of baggage that came along being Indian.

Problem will be for her if she ever want to marry an Indian as she only has PR.

T.KALAIMANI (Lawyer) 04 January 2017

Yes you can remarry. The Australian court order is valid as in India. Best wishes Kalaimani, advocate, Chennai

(Guest)

Originally posted by : Sunny
	Hi there, I used to be a citizen of India. Since 2012 I am a citizen of Australia. I got married to an Indian girl in India acc to Hindu marriage act and registered in India. After about a month of marriage in india we both started to live in Australia. After 2 years I decided to get a divorce as i could not taker her mental torture any more. Recently I got divorce from Australian court under "Irrevertable breakdown of marriage". All together its been more than 3 years that we have been living apart. Also there is a letter of understanding between us that I had to sign that states that I will not contact her and If I do contact her its a criminal offence. Divorce that I obtained is not mutual. She objected for divorce in Australia but the court rejected her plea as I managed to satisfy the conditions for divorce in Australia. Her objection was that marriage was done in India so divorce should be taken in India. Before I obtained divorce in Australia, i applied for divorce in India also but she obscounded from India to escape the proceedings here in India. Now with letter of agreement in place between us, I have no way of knowing her wear abouts. She is a Australian Permanent resident holder and living and working in Australia. Can i use the divorce i obtained in Australia and re-marry? If not what are my options. Please help. Really appreciate any help and suggestions. Thanks Sunny

If she challenges for the sake of it such in India, you are in problem. But if not, as the case appears to be, you can jolly well tie the knot once again.

Did I tell you, marriage looks good only once. Divorce also looks good once only. After 1st time, both marriage and divorce wont have any value.