Married in India, Divorced Abroad by Foreign Court
On 12.7.2008, the marriage took place at Ahmedabad as per Hindu Rites and Rituals and on 23.7.2008, it was registered under the Gujarat Registration of Marriages Act.
The husband was a permanent resident of Australia. On 28.8.2008, the husband returned to Australia and on 25.10.2008, the wife joined the husband.
On 26.5.2011, the husband acquired Australian citizenship.
On 6.4.2013, the first child was born.
On 3.3.2015, the husband secured OIC Card as per the Citizenship Act.
On 25.8.2014, the wife as given Australian Citizenship.
On 10.9.2015, the wife with son returned to India.
On 9.3.2016, the husband filed proceedings for divorce and child care in Federal Circuit Court of Australia at Sydney.
The wife filed proceedings in the Indian Courts.
On 24.11.2016, the Federal Circuit Court of Australia granted the divorce.
On 11.7.2018, the wife filed suit that the decree of Australia Court is null and void.
On 6.9.2021, the husband filed application under Order 7 Rule 11 CPC for rejection of the petition for restitution of conjugal rights.
On 20.6.2022, the husband also filed application under Order 7 Rule 11 CPC in the declaration suit of the wife.
On 31.3.2023, the Family Court allowed the applications and rejected the plaints of the wife.
Judgment dated 8.8.2025 of the Division Bench of the Gujarat High Court in R/First Appeals no.2426 and 2451 of 2023
