VIC Will Getting Divorce in Australia be Valid in India?

[SunnySoni]

I am posting this question for my cousin.

He got married 2 years ago in India with an Indian girl in Indian Court. He is living here since 2011 on a 457 visa and then last year, both of them got a Permanent Residency. His wife moved to Australia last year in Oct. Both were happy for a few days, but then she started tantrums about how she hates living in Australia and she doesn't want to leave Australia.

She criticized him & started arguments with him while my whole family was at their house and even sometimes in public places. She woke him up in the middle of the night and said I don't want to live here, buy me a ticket right now and I want to go right now.

He tried every possible thing - like taking her to cool places in Australia. She demanded to join a course and then she gave up in 3 weeks. She demanded that she wants to do a job, he got her a job within his company, but she gave up that job as well within 3 weeks, etc, etc.

One day he came home and said let's get a divorce and she said I don't want a divorce, but I don't want to live here. The first 1.5 years they didn't live together or had any physical relationship. He is totally fed-up with her and doesn't want to be living with her anymore.

Now my question is, because my cousin is living in Australia for over a 6-year period and he is planning to remain in Australia for the rest of his life, can he apply for divorce in Australia rather applying in India? Will that be valid in India?

Note: His wife is an Australian PR since March 2016, entered in Australia Oct 2016.

 

[Lance]

Hi Soni,

That's actually a question for an Indian Law forum. There is no question that if they can prove their marriage occurred they should be able to apply for divorce in Australia. But the question of this divorce being legally binding in India is a question for the Indian courts.

This article might show you some of the difficulties that can occur: Legally divorced abroad yet married in India - Times of India

 

[SunnySoni]

Thanks Lance for your comment.

Now the situation has changed. They got separated legally last month. She signed the lease doc to take her name out and she also signed the statutory dec in front of the police stating "she done't want to live in Australia anymore and she is getting separated.

But here's the interesting part - she wanted to visit Cairns to her relatives house after few days she started to wonder he is a wonderful guy and I should get with him (which I though it was fake) she started calling him I want to come back to Melbourne and wanted to live with you but he said she is nuts. She cannot make up her mind.

He stopped picking up her call but she sent lots of messages saying I love you hate you, I want divorce. I don't want divorce I will commit suicide etc, etc. now her family complained in India that "he is asking for money which is there only hope." How can he save himself from Indian rubbish law?

Any suggestions?

 

[Lance]

Hi Soni,

The only thing I can suggest is that your friend speak with an Indian Lawyer.

 

[SunnySoni]

Hi Soni,
The only thing I can suggest is that your friend speak with an Indian Lawyer.

Thanks for replying. We are already speaking with our City's top Indian lawyer, he said, "Australian Law is different from Indian but if you can satisfy Hindu Marriage act divorce conditions then he can get divorce in Australia".

Those guidelines are:

1. She should have participated on regular bases in divorce case in Australia or

2. Her domicile should be Australia means she was present in Australia while divorce was running or

3. She has consented the divorce. By signing Stat Dec for separation she has full filled the 3rd condition.

The funny thing is we got the copy of complaint from police and girls family have put wrong dates on the complain letter like when she left for Australia, when they got married and when she moved in with him.

Indian Lawyer said my friend's parents should file a complain against them stating this a false complain with an explanation of wrong dates, written separation consent from her (Stat Dec) and signed lease documents by her etc. that should be enough for police for not to pursue further on that case. They can also file a Defamation case against girl's family.

 

[Lance]

Hi Soni,

You will find a family lawyer at: https://lawtap.com/au/