If two people who are Afghani get married while on a tourist visa in India and the wife returns to Australia (as she has Australian citizenship) and the husband returns to Afghanistan (because he has no visa for Australia) what happens when the husband ends the marriage even though the wife eventuallly gets him a visa. It seems as if she can file for divorce in Australia, serve him with the application in Afghanistan , and effect the divorce from Australia on grounds of irretrievable breakdown, from reading the Family Law handouts. Both I am confused about the validity of the divorce in India. Some legal answers from other forums think the divorce would not be valid in India. Why wouldn't it be. If it is, or isn't what does it matter if the Australian Courts will allow the divorce and she remarries in Australia. Both these people are Muslim so the Hindu Marriage Act does not apply.
VIC Tourist Marry in India divorce applied for in Australia
- Thread starter Anna Crotty
- Start date
Please explain what you mean by this?
As to some food for thought...
Perhaps the first thing to do is establish if the marriage (of two foreign national tourists)
is even technically valid in India (I'm thinking about any notice and/or residence requirements
that may or may not have been met).
Next, I suggest, work out what Indian law applies.
Much of the stuff you read about relates to NRIs - Non Resident Indians,
marrying and/or divorcing in India.
It's harder to find Indian authorities for foreign nationals doing the same thing.
As to effect of an Australian Family law order in India,
as a general thing, missing facts missing, and with all the unstated
ifs, buts, maybes, exceptions, and unlesses of the individual case not allowed for,
a foreign marriage that is registerable in Australia can also be ended in Australia.
However, it does not automatically follow that a divorce in one country
will, as a matter of local law in that country be recognised in another.
As to the whole question of marrying, getting a visa, and then a divorce,
this is me, Not Starting.
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