hello,
a marriage performed as per the Hindu rites and rituals in India is subject to the jurisdiction of the Indian courts and divorce or other proceedings can be started only in India. in case both the spouses accept the jurisdiction of the foreign court, a divorce can be obtained. but you have stated that your wife does not want to divorce you, she only wants to take maintenance amount from you and stay in India. there is also a landmark judgment of the Apex court in this matter.
therefore you cannot obtain a decree in Australia as it would be contested by your wife in India and hence the court would pronounce the same as void and unenforceable.
It should be borne in mind that the Hindu Marriage Act has extraterritorial jurisdiction to all Hindus, even if they reside outside the territories of India. The Hindu Marriage Act, in particular, Section 2, does not stipulate any condition that both the parties should be domiciled in India at the time of presentation of the petition before the Family Court or any other Court of competent jurisdiction.
In a given case, where marriage is solemnised between Hindus and the wife returns to India, for such women, the Court cannot dismiss the complaint/petition on the ground that the husband has acquired domicile in foreign country of his choice and therefore, no proceedings can be initiated against him under the Hindu Marriage Act for appropriate relief, which could be for judicial separation or divorce or for even alimony.
The domicile of origin continues to operate throughout a person's life and the Hindu Marriage Act merely states that it would be applicable to all Hindus domiciled in the territories to which the Act extends, even if they are outside the territory.
the marriage was solemnised by Hindu Vedic Rites and registered under H.M. Act. It may be noticed that none of the provisions of H M. Act lay down the time and condition under which it will cease to apply. In other words, once the provisions of H.M. Act apply, it would continue to apply as long as the marriage exists and even for dissolution of the marriage. The Hindu marriage gives rise to a bundle of rights and obligations between the parties to the marriage and their progeny. Therefore, the system of law which should govern a marriage, should remain constant and cannot change with vagaries/whims of the parties to the marriage.
regards