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Cultural Conjugal Courtroom Clash Causes Controversy and Confusion

By 10 October 2013General Law

Married after knowing each other for 18 days, he wanted a divorce and she wants a ‘conjugal rights’ court order.

The couple who were wed in an arrange marriage in March 2011, lived together for two months before the husband called off the ‘cultural wedding’ in back in India and they separated.

The wife has since applied to the Court of Anand, Gujarat in India for the Restitution of Conjugal Rights.

During the beginning of the Australian divorce proceedings, Magistrate Kate Hawkins was confused and had to enquire as to what this application meant. It was explained to the court that it was anĀ application to force a couple to get back together and have a family under the Hindu Marriage Act.

The wife seeks the Federal Circuit Court of Australia to prevent the divorce proceedings, as the result may prejudice her action in India. Judge Whelan of the Federal Circuit Court however found no reason for the case not to proceed, or that the Federal Court was an inappropriate forum for the case. Furthermore Judge Whelan was satisfied that the marriage has reached a point where it had broken down and made a divorce order for the couple.

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