Can Indian Tradition and Indian Law Be a Legal Defence to Crime in Australia?
ਧਨ ਪਿਰੁ ਏਹਿ ਨ ਆਖੀਅਨਿ ਬਹਨਿ ਇਕਠੇ ਹੋਇ
“They are not said to be husband and wife, who merely sit together.”
— Guru Granth Sahib, Guru Amar Das Ji
The religious practice of the four laavaan has, for many people, gradually become reduced to a ceremonial ritual, while the words and teachings of the Guru are rarely deeply contemplated or understood by those entering marriage. Dhan Dhan Guru Amardas Ji defined husband and wife not merely as two people living together, but as “one soul in two bodies.” Marriage within Gurmat was never intended to be based purely on social appearance, financial expectation, immigration goals, or family pressure. Following Gurmat the marriage is permanent and unbreakable.
A young Punjabi man living in Australia found his second marriage collapsing after barely one year. According to him, and consistent with video material reviewed by the author, shortly before the separation demands for $50,000 were made on the basis of expectations associated with the Hindu Marriage Act and traditional marital norms. Like many men within migrant communities, he remained silent, uncertain about his legal rights and fearful of escalating the situation.
It is important for migrant communities to understand that Australian family law operates under Australian legal principles, not under the Hindu Marriage Act or traditional Indian social expectations. Simply because a demand is made on the basis of cultural tradition or overseas legal concepts does not automatically create a legal obligation to pay money in Australia.
Some people hold Australian police, courts, or the legal system responsible for “taking the girl’s side.” In reality, the issue is often far more complicated. In many cases, the real problem is a lack of understanding about Australian law, poor legal advice, emotional reactions, cultural pressure, fear, and many other social factors that are beyond the scope of this article. We cannot blame the system for the choices we make in our relationship. I do accept that there are room for improvement in our Australian System but I reject unjustified critisim.
Australian law provides legal processes for separation, property disputes, and family matters. At the same time, threats, intimidation, blackmail, extortion, or false allegations should never be treated as ordinary family negotiations. If such conduct occurs, people should seek proper legal advice from a qualified family lawyer and report criminal conduct to local state police, or contact 000 in emergencies.
Too many people within migrant communities remain silent because they fear shame, gossip, or damage to family reputation. But silence often causes greater harm. Understanding your legal rights under Australian law is essential to protecting yourself lawfully, calmly, and responsibly during relationship breakdowns.
Perhaps the deeper lesson is one already recognised within Gurmat itself: simply living together under the appearance of marriage does not create a meaningful relationship.
Dhan Dhan Guru Gobind Singh Ji also warned the Panth against blindly following the “Bipar” way — empty ritualism, loss of independent thinking, and separation from Gurmat principles. Guru Sahib recognised that once a people abandon their spiritual foundations and surrender their institutions, confusion eventually replaces clarity. Religion without institutional power becomes weakened, while power without spiritual and moral guidance becomes destructive.
The consequences of that imbalance are increasingly visible today. Communities may become economically successful and highly educated, yet still suffer from unstable relationships, emotional fragmentation, broken trust, and loss of collective identity. Education without values, responsibility, and spiritual understanding risks creating materially advanced societies that are emotionally and socially unstable from within.
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