Married in india,now a foreign citizens - implications for d

If you do not have any asset here that are registered on your name, then the preferable option is to get your divorce finalized in Australia. It will be faster there. If she files one here at the same time and you ignore the proceedings, there will not be an Order that will be materially detrimental to you or easily enforceable. You just ignore the Order of the Indian Courts because you have nothing to lose. If you have properties or assets in India, then it is a whole different ball game.

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Regarding potential criminal proceedings, do not worry about fake allegations. The fact that you are a foreign citizen and were in a foreign country at the time of the alleged crime, will provide some procedural relief. I must add that I do not know the details. There are entire sections in the IPC dealing with such situations.

DISCLAIMER: I AM NOT AN ADVOCATE.

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Hi 

Thanks for that .

Few points to note :

I am a foreigner now.However , at the time of marriage, I held an indian passport .

I can get the divorce here.But will I have any issues ,if I were to go to India and marry again ,on the back of a divorce granted by a foreign court ?

 

 

A divorce granted by a foreign court of competent jurisdiction is valid in the eyes of the Indian Courts. There are numerous judgments on this issue. Of course, there are exceptions or defenses that will be raised and you need to be prepared for them. For example, you cannot get a divorce decree from some Banana Republic and waive it here which is not the case with your situation. Then, you must ensure that you follow proper procedures and give her the right to be represented and even willingness to pay for her expenses or sponsor her visa to attend the divorce proceeding. Also make a list of reasons why you could not initiate divorce proceedings in India.  Document all of these steps in a manner that the evidence can be used when required. All this will go a long way to make your decree kosher. Again, remember, I am not an advocate.

You can file a divorce case in Indian court only for a marriage conducted in India under Hindu marriage law. The non-consummation of marriage or non-cohabitation for more than two years can be a solid ground for marriage and if she is not willing to return to the matrimonial fold without any valid reason she stands losing her claim towards alimony.  The divorce decree in Australia for the marriage in India under HM Act is invalid in India and cannot be considered as a decree of divorce.

I have time and again criticized advocates in this forum to NOT give UNILATERAL AND UNQUALIFIED advice without some disclaimers.  Well, here we go again:

Adv. Kalaiselvan, with due respect to your intentions, which are to help, the unqualified conclusion that: 

"The divorce decree in Australia for the marriage in India under HM Act is invalid in India and cannot be considered as a decree of divorce."    is wrong. The validity is based upon many factors and there is nothing in the HM Act itself that invalidates a foreign divorce of a marriage in India. There are MORE precedences of such divorces been accepted then rejected. That is the reason I gave the advice to ensure that all subsequent defenses are taken care of during the foreign divorce proceedings.  To back my statement, please read the following judgments and the last one in particular is very enlightening. Admittedly I did not go through them in detail but one thing for sure: Like I said that defenses can be raised but such foreign divorces CANNOT be unilaterally held to be out of jurisdiction. Many facts are important. Therefore, in the future, please put DISCLAIMERS OR QUALIFICATIONS TO YOUR CONCLUSIONS.  I am not saying that I am 100% right but I did not give any unqualified conclusions either and expressly asked that proper steps be taken to blunt future defenses of the foreign decree.

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https://indiankanoon.org/doc/234540/

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https://indiankanoon.org/doc/1494950/

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https://judgmenthck.kar.nic.in/judgments/bitstream/123456789/705747/1/RFA702-02-05-07-2012.pdf

Just a few corrections on my typos and the use of  the word "defense" where "attack" was the proper word. But I hope that my message , in general, was clear... 

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I have time and again criticized advocates in this forum for giving UNILATERAL AND UNQUALIFIED advice without some disclaimers.  Well, here we go again:

Adv. Kalaiselvan, with due respect to your intentions, which are to help, the unqualified conclusion that: 

"The divorce decree in Australia for the marriage in India under HM Act is invalid in India and cannot be considered as a decree of divorce."    is wrong. The validity is based upon many factors and there is nothing in the HM Act itself that invalidates a foreign divorce of a marriage in India. There are MORE precedences of such divorces been accepted then rejected. That is the reason I gave the advice to ensure that all subsequent attacks on the foreign decree are taken care of during the foreign divorce proceedings so you will be able to defend it.  To back my statement, please read the following judgments and the last one in particular is very enlightening. Admittedly I did not go through them in detail but one thing for sure: Like I said that the foreign divorce decree can be attacked but such foreign divorces CANNOT be unilaterally held to be out of jurisdiction. Many facts are important. Therefore, in the future, please put DISCLAIMERS OR QUALIFICATIONS TO YOUR CONCLUSIONS.  I am not saying that I am 100% right but I did not give any unqualified conclusions either and expressly asked that proper steps be taken to blunt future attacks on the foreign divorce decree.

Hey Liggy, Am australia got my divorce here only. If you follow procedure of serving your wife than its valid make sure that she aware of divorce if you can avoid it to be exparty its 100% valid in India . Email me if u need help.