Is my marriage valid

Yes we want to contiune our relationship and we dont have any problem in our family life. but my problem is that if our marriage is void then we have to hide our marriage to the society :-(. Bcoz she might show this as a point to her case.

And also i have question, that he got a divorce before my marriage in australia, if overseas divorce is valid in india then my marriage should also be valid rt?

yes , but normally indian courts dont take outside divorce valid , one more imp thing was it expartee or contested. if it was  contested divorce it is valid.

Its an exparte divorce, and she is demanding a huge amount as maintance.

Dear Anitha,

If both of them belongs to india and your husband first marriage was solminze in India then his divorce shold be from Indian court.

Further if he got divorce from other country then that divorce should be executed in Indian court to dissolve marriage else divorce granted by foreign courntry is not binding upon indian citizens.

Further at the time of marriage if he shows his divorce then you should have ask divorce granted by indian court.
but now at this stage what you want. coz you can also file case against your husband for fraud and nullify your marriage. but if u want to pursue your marriage life then there is another way out. For that u have to consult any local lawyer or get paid consultation.

Good luck.

" they went to Australia and at the time of divorce both are in Australia"

then she have to explain - why she avoid the australian court?

most probable cause is she had not been noticed by the austrelian court. however let her speak it at indian court.

" yes ur marriage is void ."

i think not void - as you told.

divorce at australia, should be accepted in india. if she wants to be tried at indian court - she should give it in writting at australian court.

" If both of them belongs to india and your husband first marriage was solminze in India then his divorce shold be from Indian court."

should be but not compulsary.

what is the base of it? any judgement?

I want to know whether your  marriage has been registered in india?

Its not registered in india, but In india hindu marriages are accepted even if its not registred rt?

Dear Anita, Why are u so worried ,i was just an ignorance on your part as it happens with most of us who are not in the legal field.

Now no point in validating your marriage,both of you think for solution and be happy,go for LIVIN RELATIONSHIP,Its legal now.

But in a livein relationship we dont have any rights correct?

sir, is there any way to ensure livein partner gets all benefits like assets, property, money of husband and stop wife asking share during divorce case or after divorce?

is it true that wife or daughter don't have rights in self earned property? if it is true then wife or daugher can not claim share in property during life time of husband. To ensure property goes to livein, husband can make will so that wife/daughter can not claim after the demise of husband. please suggest if is it correct.

few points.. she has attended the court in australia at early stage and later didnt. and the court has given divorce.  She filled 498a in india on my husband and included his parents and sibblings but this has been quashed by high court. But the maintance and divoce case is still proceeding in the local court.

Is there any way we can move this to fast track?

But in a livein relationship we dont have any rights correct?

if you love him and depends on him, and vice versa, he will provide all your rights, - even without demanding.

radha and mira demanded nothing against their submission.

I believe your husband's first marriage is dissolved.

Your husband and his ex-wife----------when they faught divorce in australia...they were domiciled there last and last cohabitation is in australia. It's well within Australian jurisdiction as well.

Is it based on fault theory or 'unilateral no fault divorce'???

Is there any stay of execution of decree of divorce, obtained by ex-wife after the divorce decree?? (there is limitation period for appeal)

After comming to india ex-wife filed cases of harrasement and maint (crpc125??)  it doesnot mean that divorce decree set aside in indian court.

Find out the details.

And anyways 'divorce case' is going on in india................. not RCR or to restore earlier marriage right??

So question is ............who's to be awarded divorce and who's to be slapped with it (it's an irony really......but it gets applicable to both technically)