Petition filed on Section 11 of 5(i) for maintainability
Jun 19, 2026
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Family Law
► Married in 2022 to an Indian born Australian citizen with oci card according to Hindu customary in india. The wife has been divorced from 2021 by Australian Court an ex-parte divorce decree ground as Irrevocable Breakdown Of Marriage granted as her first husband has filed and the wife was in india and did not participate in the proceedings. Both of them married in india on 1997 according to Hindu customary and shifted to Australia. The second husband filed divorce petition on grounds for cruelty in 2024 and the matter is in the stage of petitioner evidence. In 2026 the second husband filed another suit of section 11 read with 5(i) of HMA in the court for the second marriage to be declared invalid as the divorce decree granted by the Australian Court is not applicable in indian law as an ex-parte. The petition is fresh and on July it will be decided for the maintainability and to issue notice to the respondent wife.
Q) Does my second petition is maintainable ?
Q) Can the divorce petition be stayed until the second petition is decided?
Q) The respondent wife has moved an application on section 24 of HMA and is on arguments. What will be the court order as the respondent has huge assets in india and abroad?
Q) Is it true that if a wife is not legally married then it will be invalid as the legal wife defination has to be establish for any maintenance order?
Q) Lastly what will be the outcome of these 2(Two) litigations by court judgment.
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