manish (Asst Manager) 25 July 2011

Wife not willing to settle dispute

Hi I am manish and going through a delimma , i have got married to indian girl who is working here as an doctoe and citizen of australia. I got married to her 1 and half year ego and then got settle with her in australia on spouse visa , I have recently completed my MBA from Australian university and have got job also, recently on one pity matter i had differnce of opinion with wife, i rush back to india when she denied to accept me in her owned house but after my parents counselling came back to australia to settle all disputes in 4 days time. I have been staying in hotel from last 4 days and repeatdely trying to convince my wife to settle dispute, but she is replying it is all over. My Marriage is registered in Indian Court , can she divorce me in australia and what should i do? I need and answer that what should i do in case she is not allowing me to saty with her and without any formal proceeding she want me to end all relationship. Please advise can australian court can provide her divorce aginst me.

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Saurabh..V (Law Consultant) 25 July 2011

@Author

When ANY marriage is registered under any country, only that country court is entitled to award a divorce decree to the marriage parties. As you mentioned that you married this girl in India, so she can get divorce only in India.

But the issue is critical as she is not an Indian citizen. So maximum you can do is get divorce in India but Indian Courts would have too much problem in bringing her back to India to attend courts.

Better you ask her to join a couselling center in AUS. Or may be you can see a local advocate in AUS and ask for advice as per their law.

//peace

/Saurabh..V

manish (Asst Manager) 26 July 2011

Thanks a ton will surely follow your advice, the state of my mind is not good because the intrusion of my in laws are too much in my wife life that she is not ready to listen to me. I am thinking of giving an written application to Indian Embassay about the incidents happening with me and trying to get in touch with senior authorities of police there. Recently i got to know that my wife have submiited an false application stating that she have stated to me that it;s all over and she in not willing to stay with me for 12 days still i am approaching her, she have mentioned i threatens her and local police have conveyed me the same message with a copy of letter and asked me to stay away from her till the magistrate ask her for hearing. I am now feeling that i should go back to india ? Please advice should i submit any application anywhere about the incident so that tomorrow my inlaws should not mentioned that i ran back to india leaving their daughter all alone? plz advice.

Saurabh..V (Law Consultant) 26 July 2011

@Manish

You should immidiately engage a local lawyer. We sitting here in India might not know the Procedure as per AUS law. So it's expedient that you see a local lawyer in your locality and take advice from him,

As you are there on spouse visa so you should stay there till the dispute is settled in either side. Might that bring rupture in the relation but you should give in all efforts to save your marriage and make all genuine efforts.

I would suggest that you appeal in the court for counselling stating all intervention by your in-laws. Certainly in counselling your wife might open-up and state the real issues.

Marrying someone for few days and kicking does not gel with the institution of marriage. So keep faith and all the best!

//peace

/Saurabh..V