I am saying if the marriage is a valid marriage in india it is recognised here in Australia and they are married.
It does not have to be registered for them to be seen and recognised as married in Australia
Marriages overseas, provided they are legal in the foreign country are recognised here without registration. If you need a divorce here the Family Court will give you one provided you have the original certificate from the country you were married in and if in a foreign language it has to be translated.
I cannot comment on why Alex has told you what he has told you.
The section of the Marriage Act I have sent you is clear that foreign Marriages are recognised.
Here is some further information followed by the website is it from
Getting married overseas
The Smartraveller website has detailed information about getting married overseas.
If you intend to marry overseas, please note that marriage celebrants authorised in Australia can only perform legal marriages within Australia.
An overseas marriage cannot be registered in Australia, and the foreign marriage certificate will be evidence the marriage has occurred. Ensure you keep this certificate as it may not be easy to replace if lost and it provides the only evidence of the overseas marriage.
Please note that it may not be possible to rely on a marriage certificate issued overseas for some purposes in Australia. A party to a marriage which takes place overseas may not be able to rely on an overseas marriage certificate to have an Australian driver's licence or an Australian passport issued in their married name.
An overseas marriage will generally be recognised in Australia if it:
- was a valid marriage in the overseas country
- would have been recognised as valid under Australian law if the marriage had taken place in Australia.
As I said I cannot comment on what another expert has told you but the law is very clear.
Going back to your question. She is suing him in India. The laws of india do not apply here. The Courts of India cannot enforce anything decision in Australia.
So if they find he has been a bigamist under Indian law they cannot do anything to him here. They can only touch him in India.
If they find he has to pay her compensation in india, they cannot chase him here for the money as the Indian courts have no power.
Any action of the wife in India, are under indian law and will only affect him in india.
By not getting a divorce in India he has breached there laws. I cannot say if he had been granted a divorce here, whether it would have been accepted in India. To avoid the indian laws he would have had to get a divorce in india.
I hope this makes sense and is clearer?