{"id":147,"date":"2025-05-14T07:19:35","date_gmt":"2025-05-14T07:19:35","guid":{"rendered":"https:\/\/duasnduas.com\/?p=147"},"modified":"2025-07-10T04:46:07","modified_gmt":"2025-07-10T04:46:07","slug":"navigating-hindu-marriage-divorce-laws-australia","status":"publish","type":"post","link":"https:\/\/duasnduas.com\/resources\/navigating-hindu-marriage-divorce-laws-australia\/","title":{"rendered":"Navigating Hindu Marriage & Divorce Laws in Australia"},"content":{"rendered":"
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Grounds for Dissolution of Hindu Marriages<\/h3>\n

The marriages solemnised under the Hindu Marriage Act <\/strong>1<\/strong>955<\/strong> carries a peculiar problem. A marriage under Hindu Marriage Act can only be dissolved on the grounds specified therein to include adultery, cruelty, desertion, ceased to be a Hindu by converting to another religion, has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the one cannot reasonably be expected to live with the other spouse, suffering from a virulent and incurable form of leprosy or venereal disease in communicable form, has renounced the world by entering a religious order, or has not been heard of as being alive for a period of seven years or more, no cohabitation for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which one was a party, no restitution of conjugal rights after the passing of a decree for restitution of conjugal rights, husband since the solemnisation of marriage was held guilty of rape, sodomy or bestiality, the girl repudiated the marriage after attaining the age of eighteen years in a case where the marriage was solemnised before attaining the age of fifteen years.\u00a0Seeking guidance from the\u00a0Best Divorce Lawyer in Delhi<\/strong><\/a> can ensure that such cases are handled professionally and effectively.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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International Implications of Hindu Marriage Act<\/h3>\n

The law does not recognise the irretrievably broken marriage as a ground for divorce and the cases\u00a0 where the marriage is dead for all intents.<\/p>\n

Though, the Indian courts have on\u00a0 various occasions, exercised its discretion under the constitution of India and allowed divorce on the\u00a0 ground of \u2018irretrievable breakdown of marriage\u2019.\u00a0<\/i>The parliament seems to be totally oblivious of the\u00a0 urgent need to correct the anomaly of the law and provide much needed support to the cause of people\u00a0 married under the Hindu Marriage Act and seeking quick and smooth dissolution of the marriage.<\/p>\n

This quagmire raises various issues and escalation of dispute between the parties who had made their\u00a0 home in the countries other than India. One or the other party would take a stand in the court primarily\u00a0 on the ground that Hindu Marriage Act does not allow the\u00a0\u2018irretrievable breakdown of marriage\u2019\u00a0<\/i>being a\u00a0 ground of marriage. Such a stand is taken even though the litigating party may be living in the foreign\u00a0 country and in this situation Australia, enjoying all the amenities being offered by the Australian\u00a0 government including but not limited to grants, tax benefits, Centrelink benefits and child support etc.<\/p>\n

The immediate reaction of such a stand result in inability of the Judicial Registrar to hear the application\u00a0 for divorce and grant the same in case the conditions of divorce were made out. The matter would then\u00a0 be referred to the Judge for adjudication on the evidence presented before it. To resolve such disputes, the\u00a0Best Divorce Attorney in Delhi can provide expert legal assistance.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Judicial Responses to International Divorce Proceedings<\/h2>\n

Often it is seen that the party litigating would appoint some family member as an attorney and initiate the proceedings including criminal proceedings without even going to India while continue to enjoy the\u00a0 comforts of Australian life merely as a knee jerk reaction or otherwise arm-twisting exercise to extract financial gains which one may not be otherwise entitled. The approach of the Indian courts and\u00a0 Australian courts in such a situation seems to be in line with the expectations of the private international law which requires that the people of Indian origin should respect the family law jurisdiction of the local court where they ordinarily live rather than implicating each other in multiplicity of litigation.<\/p>\n

The Australian courts are cautious of litigious and vindictive nature of litigants from Indian background\u00a0 who process multiple cases in different jurisdictions merely to cause harassment rather than genuinely\u00a0 working out the exit strategy from the bad relationship. The Australian courts have over-written the objection to exercise the jurisdiction under\u00a0Family Law<\/b><\/a>\u00a0Act and even directed the party litigating to\u00a0 ensure that the cases filed in India are withdrawn and an affidavit confirming such a withdrawal is filed\u00a0 in the court. A non-compliance tantamount to contravention of the order and the concerned person can\u00a0 be punished for contravention of the order.<\/p>\n

On the contrary , in stark contrast, the Delhi High Court has unequivocally established that Indian courts possess the authority to issue anti-suit injunctions, effectively halting proceedings in foreign countries, if matrimonial proceedings in such foreign courts involving non-resident Indians are deemed oppressive or vexatious. Seeking counsel from the\u00a0Best Divorce Lawyer in Delhi\u00a0can help parties manage such situations pragmatically.<\/p>\n

The Principle of Comity in International Jurisdiction<\/h2>\n

Addressing a case under the Hindu Marriage Act of 1955, a division bench of the Delhi High Court highlighted the increasing trend of one party invoking the jurisdiction of foreign courts while the other party opts for the jurisdiction of Indian courts. The court remarked that Indian courts have the power to issue anti-suit injunctions to a party over whom the court has personal jurisdiction, provided the circumstances warrant such an action.<\/p>\n

However, the court emphasized that this power should be exercised sparingly, in deference to the principle of comity. Although an anti-suit injunction is directed against an individual, it invariably interferes with the jurisdictional authority of another court. The issuance of such injunctions is governed by the doctrine of equity, and a critical test for their issuance is whether the foreign proceedings are oppressive or vexatious. Furthermore, the court must determine if the grant of an anti-suit injunction is necessary in the interest of justice. Consulting the\u00a0Best Divorce Advocate in Delhi\u00a0or the\u00a0Best Divorce Attorney in Delhi\u00a0can ensure that such legal intricacies are addressed with expertise and precision.<\/p>\n

Advocate Rajal Rai Dua – Dua\u2019s & Dua\u2019s Advocates & Consultants <\/strong><\/p>\n

Website<\/strong><\/a>\u00a0|\u00a0<\/strong>Tumblr<\/strong><\/a>\u00a0|\u00a0<\/strong>Pinterest<\/strong><\/a>\u00a0|\u00a0<\/strong>Facebook<\/strong><\/a>\u00a0|\u00a0<\/strong>Instagram<\/strong><\/a>\u00a0|\u00a0<\/strong>Twitter<\/strong><\/a>\u00a0|\u00a0<\/strong>LinkedIn<\/strong><\/a><\/p>\n

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Address<\/strong><\/a>:\u00a0<\/strong>ED-16B, Outer Ring Rd, Block ED, Dakshini Pitampura, Pitampura, Delhi, 110034<\/p>\n

Hours<\/strong><\/a>:\u00a0<\/strong>Open 24 hours<\/p>\n

Phone<\/strong><\/a>:\u00a0<\/strong>098919 14800<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Grounds for Dissolution of Hindu Marriages The marriages solemnised under the Hindu Marriage Act 1955 carries a peculiar problem. A marriage under Hindu Marriage Act can only be dissolved on…<\/p>\n","protected":false},"author":1,"featured_media":148,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[117,28,95,25],"tags":[108,48,97,73],"class_list":["post-147","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-best-divorce-advocate-in-delhi","category-best-divorce-attorney-in-delhi","category-best-divorce-lawyer-in-delhi","category-best-family-lawyer-in-delhi","tag-best-divorce-advocate-in-delhi","tag-best-divorce-attorney-in-delhi","tag-best-divorce-lawyer-in-delhi","tag-family-lawyer-in-delhi"],"_links":{"self":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/147","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/comments?post=147"}],"version-history":[{"count":9,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/147\/revisions"}],"predecessor-version":[{"id":636,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/147\/revisions\/636"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media\/148"}],"wp:attachment":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media?parent=147"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/categories?post=147"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/tags?post=147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}