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-   -   Information about divorce (https://britishexpats.com/forum/australia-54/information-about-divorce-716721/)

neilbanger May 11th 2011 9:47 pm

Information about divorce
 
Hi

I'm hoping some of you wonderful people can offer me some advice,

I'm a student,living in Melbourne, Australia.

I went to India this February 2011, to get married. And we got married on 23rd February 2011.
After we got married, two days after I checked my wife's facebook and in her sent messages I found
out that she has been cheating on me. When I came to know about this, I asked her to tell me the truth,
she said she never wanted to get married to me and loves her boyfriend. Her parents forced
her to marry me because of caste issues. (marriage within the same caste) and her boyfriend is
not of the same caste as hers.
I called her parents at my home in India, and they said that don't leave her, she'll change.
I trusted them again once more. After one week, she went back to Sydney, Australia.She's a student
in Sydney Then After 1 weekI went to Melbourne.
I called her,asking her when she'll finally come to Melbourne.She said she won't leave her job in
Sydney, she would stay in Sydney only and continue being with her boyfriend.
It has been 2 months, and she doesn't answer my calls,has ignored me totally. We have been living
seperately.

Since she doesn't want me in her life, I want a Divorce. But the problem is that we got married
Socially, not Registered marriage. And in India, Social Marriage is Legal. So, I asked her parents
for a divorce they only needed to sign on an affidavit to validate the divorce.
But they are refusing to give the divorce and neither she's answering my calls.

I want a Divorce, I can not tolerate it anymore. This marriage has gone down to the gutter.

In future, I want to get married again so please tell me what should I do to do to proceed with the Divorce?

Thank you.

Waiting for your reply as soon as possible.

The Esses May 12th 2011 3:06 am

Re: Information about divorce
 
Tricky situation.

I would have thought a good lawyer is who you should speak to.

eddie007 May 13th 2011 4:40 am

Re: Information about divorce
 
IF this isnt a wind up...

Is the marriage recognised as legal in australia?

If its not... Which is what you appear to be implying,

Then carry on as usual... Forget it/her

JAJ May 13th 2011 10:50 am

Re: Information about divorce
 
See a lawyer and find out if the marriage is recognised under Australian law. Of course, you may need to ask the same question of a lawyer in India, especially if you are going to live there again or aspire to own property there, etc.

Is she a dependent on your visa?

neilbanger May 13th 2011 11:38 am

Re: Information about divorce
 

Originally Posted by JAJ (Post 9363137)
See a lawyer and find out if the marriage is recognised under Australian law. Of course, you may need to ask the same question of a lawyer in India, especially if you are going to live there again or aspire to own property there, etc.

Is she a dependent on your visa?


I intend to live in Australia. No,she's not dependent on my visa.

IndieG May 13th 2011 6:58 pm

Re: Information about divorce
 

Originally Posted by neilbanger (Post 9363210)
I intend to live in Australia. No,she's not dependent on my visa.

Neil - you better get a good lawyer in India quick and get some advice. Am surprised you did not get your marriage registered (it is mandatory in India).

Steve2009 May 14th 2011 1:31 pm

Re: Information about divorce
 
Does India have the concept of annulment? It sounds like it may be the appropriate action.

Deancm_MKII May 14th 2011 2:44 pm

Re: Information about divorce
 

Originally Posted by neilbanger (Post 9359495)
Hi

I'm hoping some of you wonderful people can offer me some advice,

I'm a student,living in Melbourne, Australia.

I went to India this February 2011, to get married. And we got married on 23rd February 2011.
After we got married, two days after I checked my wife's facebook and in her sent messages I found
out that she has been cheating on me. When I came to know about this, I asked her to tell me the truth,
she said she never wanted to get married to me and loves her boyfriend. Her parents forced
her to marry me because of caste issues. (marriage within the same caste) and her boyfriend is
not of the same caste as hers.
I called her parents at my home in India, and they said that don't leave her, she'll change.
I trusted them again once more. After one week, she went back to Sydney, Australia.She's a student
in Sydney Then After 1 weekI went to Melbourne.
I called her,asking her when she'll finally come to Melbourne.She said she won't leave her job in
Sydney, she would stay in Sydney only and continue being with her boyfriend.
It has been 2 months, and she doesn't answer my calls,has ignored me totally. We have been living
seperately.

Since she doesn't want me in her life, I want a Divorce. But the problem is that we got married
Socially, not Registered marriage. And in India, Social Marriage is Legal. So, I asked her parents
for a divorce they only needed to sign on an affidavit to validate the divorce.
But they are refusing to give the divorce and neither she's answering my calls.

I want a Divorce, I can not tolerate it anymore. This marriage has gone down to the gutter.

In future, I want to get married again so please tell me what should I do to do to proceed with the Divorce?

Thank you.

Waiting for your reply as soon as possible.

Considering it was an arranged marriage, would it be possible to get it annulled?

neilbanger May 17th 2011 5:05 pm

Re: Information about divorce
 

Originally Posted by Deancm_MKII (Post 9364795)
Considering it was an arranged marriage, would it be possible to get it annulled?

I have tried to contact my wife,but she doesn't pick up my calls..now her family is blaming me of being the unfaithful one and being physically violent to her. We've been away since we've got married then why blaming.

I really want to annul this marriage.

Please give me any useful information??

Steve2009 May 17th 2011 5:08 pm

Re: Information about divorce
 
You're asking a question about Indian law on a forum for Australia. A google search is the best I can offer I am afraid. http://www.google.com.au/search?q=india+annulment Sorry to hear of your misfortune. Are your family supportive of you seeking a divorce/annulment? Perhaps they can help with a lawyer.

neilbanger May 17th 2011 10:12 pm

Re: Information about divorce
 

Originally Posted by Steve2009 (Post 9371401)
You're asking a question about Indian law on a forum for Australia. A google search is the best I can offer I am afraid. http://www.google.com.au/search?q=india+annulment Sorry to hear of your misfortune. Are your family supportive of you seeking a divorce/annulment? Perhaps they can help with a lawyer.

Yea,they are supportive. I am searching a lawyer on my own both in India and Australia, I want to solve everything in Australia because getting an annulment or even divorce in India,can be very tough, putting the fact that also my wife doesn't answer any of my calls,ignores me totally. She evens ignores calls from my family. Can't even reach her. So would she agree to sign on an annulment or divorce papers!!

Sally Simpson May 19th 2011 3:26 pm

Re: Information about divorce
 

Originally Posted by neilbanger (Post 9371870)
Yea,they are supportive. I am searching a lawyer on my own both in India and Australia, I want to solve everything in Australia because getting an annulment or even divorce in India,can be very tough, putting the fact that also my wife doesn't answer any of my calls,ignores me totally. She evens ignores calls from my family. Can't even reach her. So would she agree to sign on an annulment or divorce papers!!

Can't see why she would want to remain married to you either :confused:
Surely if she has no intention of being your wife it is in her own interests to co-operate with an annullment?
Very sorry to read of your situation & good luck with getting it resolved.

neilbanger May 19th 2011 3:40 pm

Re: Information about divorce
 

Originally Posted by Sally Simpson (Post 9376384)
Can't see why she would want to remain married to you either :confused:
Surely if she has no intention of being your wife it is in her own interests to co-operate with an annullment?
Very sorry to read of your situation & good luck with getting it resolved.

Apparently I want to know also,why she doesn't want to co-operate!! If annulment is done,she can stay with her boyfriend without any problem. Maybe I should make other people contact her as she doesn't answer my calls and the calls of my parents.

Sally Simpson May 19th 2011 3:50 pm

Re: Information about divorce
 

Originally Posted by neilbanger (Post 9376409)
Apparently. Maybe I should make other people contact her as she doesn't answer my calls and the calls of my parents.

Good idea :fingerscrossed:

paulry May 19th 2011 4:09 pm

Re: Information about divorce
 
Are you sure this isn't a wind up? :sneaky:


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