We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community issue. In 2018, she went to Australia and on student visa and stated her self single/never married (instructed by her mother) while she was married to me. then she came back to india after 4 months and again marry to me as she stated her self single previously and sent second marriage certificate to australian immigration to get me there on spouse visa.

she lodged my spouse visa in March 2019 from australia, after 10 days she asked me for divorce and forcing me for it in influence of her family and friends. She also done notary in australia and signed from her side where there is no actual reason to break marriage and information is also fake/lies. I have not signed notary/stamp papers signed and sent by her.

even she wanted to leave australia when this incident happen but her father & brother forced her to live there untill they get divorce from me.

  • what chances are there to get divorce in australia without my knowledge?
  • does she get divorce without my consent in australia?
  • as she lied on visa application what are the consequences of that?

She is in Australia right now on student visa, doesn't have permanent residency. I am in India right now.

As far as I explore, if marriage has not completed 2 years, party needs to have counselling if they needs to have divorce and also they need to acknowledge other party for the same.

As per Indian laws (HMA), even if party get divorce in foreign (ex-parte) or contested divorce (in no fault) it doesn't valid in India.

I am not forcing her to stay, just wanted to clear the influences to save the marriage as it doesn't have reason to end.

  • What does "HMA" stand for? Much of the content in this question is not actually relevant to the legal issues and should be edited out. Commented Sep 20, 2019 at 12:29
  • HMA stands for Hindu Marriage Act
    – Keith
    Commented Sep 20, 2019 at 12:35

1 Answer 1


While a person is resident in Australia, and has been for at least the past 12 months, that person can obtain a divorce under Australian law, without regard to Indian law. Whether India will recognize that divorce I do not know. If the person is not an Australian citizen and has not been resident in Australia for at least 12 months, the Australian courts will not have jurisdiction and will not grant a divorce.

This official page says:

The Family Law Act 1975 established the principle of no-fault divorce in Australian Law. When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together.


You can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live in Australia indefinitely, or
  • are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.


If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. You can only oppose the divorce where:

  • there has not been 12 months separation as alleged in the application, or
  • the Court does not have jurisdiction.

If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date.

Thus all the stuff in the question about the attitude of her family or how long you lived together is not relevant to the Australian divorce proceeding. Nor is your consent needed in Australia.

  • as she lied on visa application (marital status) what are the consequences of that?
    – Keith
    Commented Sep 20, 2019 at 12:39
  • @Keith That might cause Australia to deport her, although I doubt it, I am not sure. If it doesn't, it probably has no effect on any divorce action. Commented Sep 20, 2019 at 12:41

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