VIC Divorce from Indian Marriage While In Australia

[A S]

Hi, I have Australian Permanent Residency but got married in India and having 1 year old daughter Australian citizen staying with my wife. My wife is on spouse visa on my behalf from india and staying in Australia (melb). We already finished 10 months separation and soon will get divorce in Australia. My wife family applied dowry case and family violence case against my family including myself in India too. But me and my wife never been to India after marriage.

So do I have to finish divorce case in India as well or after getting divorce in Australia? Indian marriage will be cancelled.

Please help

 

[Tracy B]

Hi AS,

I would say, given the marriage was conducted and registered in India, then later recognised in Australia, you will need to first get the divorce in India. Then evidence of your divorce from India (contact Indian lawyer) will then need to be recognised in Australia (under Australian law). Then, you will be seen as divorced under both Indian and Australian laws.

You could probably also apply for divorce directly in Australia. However, this may not be recognised in India. This will depend on Indian law (again, speak with an Indian lawyer). It could be a similar situation as in Australia, whereby a certificate of divorce in Australia will be recognised in India, after going through proper registration and recognition processes in India.

 

[A S]

Hi AS,

I would say, given the marriage was conducted and registered in India, then later recognised in Australia, you will need to first get the divorce in India. Then evidence of your divorce from India (contact Indian lawyer) will then need to be recognised in Australia (under Australian law). Then, you will be seen as divorced under both Indian and Australian laws.

You could probably also apply for divorce directly in Australia. However, this may not be recognised in India. This will depend on Indian law (again, speak with an Indian lawyer). It could be a similar situation as in Australia, whereby a certificate of divorce in Australia will be recognised in India, after going through proper registration and recognition processes in India.

 

[A S]

Hi Tracy,
Thanks for your help.
So you mean if I am getting divorce under Australian law even both the parties in Australia and shows 12 months separation. Still I have to go through process in india again.
It means I am waisting my time and money under Australian law.
Please recommend any indian lawyer help..

 

[Tracy B]

Hi AS,

I agree it is probably best to get the divorce in India. This is because a divorce decree from Australia may not be valid unless it satisfies Indian Civil Procedure Code (section 13 of the Code?) Since the marriage was conducted and registered in India, the Indian courts will likely recognise any dispute arising under the marriage, including applications for divorce, to be resolved under Indian jurisdiction (i.e. in Indian courts).

Unfortunately, I do not know any Indian lawyers. Try the following legal centres (they are free to contact and offer free advice) to see if they are able to direct you to some Indian lawyers:

• Victoria Legal Aid: Family Law
• Fitzroy Legal Service
• Community legal centres in Victoria: directory (contact the centre in your district)

When contacting lawyers, it is best to ring around, clarify and company fees and costs. Many firms offer free consultations for the initial meeting, take advantage of this.

 

[A S]

Thanks a lot for your'e help.