Question:
How to get divorce from Australian citizen in India?
2014-05-26 13:52:01 UTC
hi,my name is gavy im male 29 indian citizen by birth,i went to australia on student visa in 2008,& in 2009 i met a girl we become gud friends and slowly slowly we fell in love with each other and we got married there in 2012 Feb(civil marriage)with australian citizen by birth,but unfortunately our marriage didn't work out,things got change,and we decided to get separate after 8 months n we filled divorce kit together in australia,and same morning i got call that my father got accident in india and his condition is serious,so my wife said you can go to india and she will submit mutual signed divorce kit in dept,as there was no dispute between us regarding property and related other assets,we were still good to each others,and we talked on phone while i was in india she wished me on my birthday and on new year as well,we did texts,but only thing she lied to me is that she applied for divorce,and copy of divorce cert ll mailed soon,and here my family told me to wait in india untill my father condition is not getting better,as im only single son of my father i decided to wait there and look after him,my biggest mistake was that i didn't tell anybody about my marriage in family,but however i explained to my family now...now prob is she stopped replying my emails and texts even she disconnected cell number and home phone number as well,she is disappeared from facebook and other social sites network.
now i feel stuck no idea what should i do next please suggest me.
Three answers:
vijay m Indian Lawyer
2014-05-26 19:27:28 UTC
If you have got Marriage Certificate or copy of the same with you, than you should file for dissolution of marriage under the Foreign Marriage Act,1969 in Indian District/Family court against the Australian Woman.



The Court shall serve her with summon and for that you need to provide her last known address in Australia.



This will be cumbersome process and will take lot of time as serving the court summon by the Indian court and even if that fails than to move ahead with divorce case ex-parte against her after Newspaper publication of court notice as substituted manner of service may even take months and a year or so.



The divorce was obtained by this woman in Australia can be confirmed from the court house in Australia personally or through the official website if that provides the information. If there exist the information about the dissolution of the marriage than you need to obtain the copy of the decree/certificate of divorce from there for your use in India or elsewhere in future.
?
2014-05-26 14:04:26 UTC
Are you asking if you are now legally divorced? Get in touch with the city or town where you think she was supposed to file the divorce papers. If your divorce is legal it will be filed in the court house where you and her were living when you and her filled out the paper work. I do not understand what your question is?.
2014-05-26 22:20:08 UTC
Your are facing the rewards of your mistakes so now you have to face these difficulties for some time.She will not contact you.When your father is fine then you should go for legal option while returning to Australia to settle the case.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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