Indian wants divorce in Australia?

Question

Hi,
I am an Indian married for 6 years and I have a 1 year old daughter. I am looking for a divorce from my wife due to her parents utmost interference in our lives and my wife does not mind it, infact she supports it. I am not able to lead a normal life because of all this. I am currently in Australia and need a divorce as soon as possible. Could anyone suggest me how to go for it?

Regards

Aditya

Answer 1

First thing which has to be seen in your case, where in which country you both got married & according to which form of marriage, second thing we will see what is the nationality of both of you & lastly what are your religion both of you. If you both are Indians & Hindus by religion, married according to the Hindu form of marriage in India, then best course for you is to get divorced in Indian Family Court in the district where you got married in India, if this is a mutually agreed divorce you both have to file a joint petition for divorce under section 13-B of the Hindu Marriage Act, 1955, this petition will be decided within 6 months time period & you both will be free from such matrimonial relationship. If you both decide to get divorced in Australia under the common matrimonial laws relating to foreign marriages then too this has to be under the provisions which provide such divorce by mutual consent, where you both file joint petition & seek dissolution of such marriage, now since this kind of divorce is granted by a foreign court such decree of divorce is applicable in Indian Court has to be seen according to section 13 of the Civil Procedure Code. The applicability of such decree of divorce as granted by a foreign court is always get challenged here on one ground or other by either of the parties, hence to get a divorce as I suggested above from India Family Court is always best option for you. Mind you this joint petition for divorce on mutual consent requires the presence of both of you in India at the time of presentation of such petition & its hearing, for which you have to come here. You cannot get this done in your absence through your lawyer & your presence is necessary for it although your lawyer can get all the legal papers ready out here & file them in your presence & even be present for its hearing & final decision.

Answer 2

Aditya, You are just doing fine. Do not loose your cool mind and destroy your family when others bother you. Learn to handle the situation. Your wisdom is in not to get involved in situations where you may apparently be dragged into. Do not run away but make your self constructively busy in your work, education and family and be polite and kind even in the worst adversity. Remember not to say anything if it is not polite and full of kindness, it is easier said then done, the situation will turn round.

Answer 3

I am not sure if I understand your story. You say that “her parents utmost interference in our lives” do they stay with you? Are her parents in Australia? You could consider divorce in Australia itself if you are a permanent resident/citizen there, else you will have to move back to India before you proceed.

Answer 4

hello aditya.first of all you consider urself again .you are an Indian,and have a sweet daughter too..but if in your case your marriage hurts u,you should come to India and give your wife a legal notice to relocate in India..she herself will give you divorce.and please not tell to her that you want divorce..coz she should not do that work which you like to do(divorce)

Answer 5

Just work it out. Marriage lasts forever so just try working it through. Parents dont come into this at all. MG

Answer 6

First of all i would like to know ur marriage was love or arrange. do ur wife know that u want to divorce her.

Answer 7

When ever think of separation continue in the wed lock for the sake of GODLY smile in your daughters face

Answer 8

Go to the link below. you can get a do it yourself kit also from the site.