VIC Wife Filing Divorce in India - Husband Living in Australia?

Discussion in 'Family Law Forum' started by Nitin Kumar, 23 January 2019.

  1. Nitin Kumar

    Nitin Kumar Member

    23 January 2019
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    Hi all,

    I am living in Australia from last 7 year and got my Permanent residency 3 years ago and waiting for my Citizenship Ceremony.

    I got married in Feb 2018 and not my wife is filing a divorce on me. I filed her partner visa in October 2018 but is yet to be granted. As per the advice from Immigration, I have already withdrawn my sponsorship from her spouse file.

    I would like to know:
    1. If she files a divorce in India, will that affect my PR status/visa?
    2. Do I need to inform any legal department in Australia that my wife is filing a divorce on me in India?
    3. If she files a complaint in India for a Fraud Marriage, will that affect me in any way? (FYI, I visited India twice after my marriage, sent her gifts on her b'day and constantly in touch with her via phone calls and WhatsApp messages)

    Looking forward to the responses.

  2. Moonpie

    Moonpie Member

    13 January 2019
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    There is rules in India regarding nullity of marriage. You can apply in Indian court but I guess you need to hire lawyer but as far as your PR concern, I don't think so you have any problem.
  3. Tim W

    Tim W Lawyer
    LawTap Verified

    28 April 2014
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    There is no law in Australia that says a man and woman must live together when married.
    That said, the Department of Home Affairs (who runs immigration these days)
    will use indicators such as as living together, shared money and property,
    and other things, to be sure that a marriage is genuine.

    I agree that you don't have a lot to worry about in terms of your PR,
    and I do not see that it will have any effect on your citizenship application.
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