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Mukesh   18 September 2024

Section 498a

Hi,

I hope someone can give me a proper advice to my case.

I moved to Australia in 2007 on a student visa and received citizenship in 2011.. In 2014 i got a match from bharat matrimony.. the girl came who came to Australia in 2008 and got her permanenent residency in 2013..

 I met her through bharath matrimony in Jan 2014 and we both went to Hyderabad and got married there..We both returned within a week after marraige to Australia. our marriage life didnt go well so we separated within one yr after marriage with one..  we were separated for 2.5 years.. I applied for divorce in Australia and sent the divorce notice to her.. She responded to divorce notice and replied to notice that  "she has no objections for divorce and can proceed for divorce" and on the basis federal court of Australia issued divorce " irretrievable breakdown of marriage" on divorce decree..  all these days i was paying child support to her which is assessed by Child support agency based on my pay.. After divorce is issued i took a break and went on leave by quitting the job.. all of a sudden teh child support has been dropped .. she sent email to my solictor about the reason for  drop in child support but my solictitor didnt reply.. so 4 months after getting divorce she filed section 498a with all false allegations in India..Currently, she is working in Australia and she is Australian citizen now my son is Australian citizen .LOC has been issued on me in India.. So i am not traveling to there until my case is finalsed. Note her brother also lives in Australia since before our marriage.

so my question is:

  • As we both are Australian citizens and she has participated in divorce proceedings is my Australian divorce decree valid in India.
  • if i go to high court.. can i get 498a quashed on me and my family.
  • I have all the emails comms from her enquring about child support as an evidence. So can i prove them in Indian high court
  • I have her proof of income (issued by Australian Taxation office) since we separated.. Is that can be attached to my quash petition in India to prove that she has been living in Austraia?

Please note: till today i am paying chidl support and she is earning lot better than me in Australia.

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     18 September 2024

If the allegations in criminal complaint refer to the events taken place in India when actually she was living in Australia and also since the Australian court had already passed a decree of divorce, to which she properly participated and that the Australian court has passed an order for child support post divorce, all these are good evidence to get the criminal case quashed by high court.

You may consult your lawyer in India with all the evidences in your possession and file a quash petition.

As far as the reduction in child support, you may file a petition before the Australian court and get it reduced by an order of the court by producing documents to this effect.

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