File petition for RCR in India 

2) seek stay of divorce proceedings in Australia as marriage solemnised in India and divorce can be only on grounds recognised by HMA 

Dear Madam,

- Though your marriage was solemnized in India, you can very easily challenge the divorce at India.

- If you have clear objective to stay with him, then file a petition U/s 10 of HMA 1955 for RCR. The court will summons him and partially you can intimate the Australian court to stop the proceedings in Australia as your case is already on trail in India.

- Simultaneously inform the MEA about his act and intention to let him feel that his OCI is in question.

- Incase left with no option do file 498a and 125 of CrPC  for maintenance. Same grounds can be pleaded in Australia so that you can get the benefits as per Australian govt.

Regards

Vivek Arya

See you have to contest divorce in Australian family court on ground there was no separation providing proof of same also claiming your assets and further claiming maintenance from husband there.

Further file RCR in the India court as you married in India. FIle for restitution of the conjugal rights. The proper jurisdiction for divorce shall be India as you both were married in India. 

Further to save the marriage you have to talk to husband as even if the divorce fails you cannot force him to stay with you, you have to opt for mediation and marriage counseling so that you can resolve and start living together.

1) Australian court would not stay proceedings in Australia as you are both Australian citizens 

2) divorce petition has been filed by husband prior to you filing petition in India 

3) intimation has to be given by you to Australian court 

4) inform MEA by sending letter to them 

See on intimating australian court you can intimate the court though australian court proceeding have started before the Indian court proceedings so you can Intimate with a note since you both married in India so laws of India are applicable and Indian court is of proper jurisdiction. 

Your advocate can prepare letter for representation to embassy through MEA and to australian court. 

1. The divorce suit pending in abroad has no legal basis in India , more so, if you do not contest it.

2. So to counter it you can file another divorce suit in India.

3. You can file case for maintenance under PWDV Act in India and seek damages as well.

4. Since you have filed RCR there is no need to file divorce suit anymore and continue with the RCR. In the RCR also seek maintenance pendente lite. 

Not sec 10 but sec 9 of HMA. Au court can be informed by advocate hired in Australia. Since, you are an OCI and permanent citizen on aus, Order granted by aus court, binding on you.

To stop the divorce in Australia you need to contest it there.  You can file rcr petition in India against him. You can also file maintenance application and domestic voilences case if any such incidents are present

If you have been married in India as per Indian laws then if you dont contest the divorce proceedings in Australia, the exparte divorce in Australia will not be binding on you and it is not recognised as legally valid in India.

If you dont contest the divorce in Australia, your marriage is saved.

You can engage the services of a lawyer to do one or all the acts proposed in your subsequent post.

You can discuss with a local advocate and proceed on the advise received in furtherance

So far as the proceedings in the Australian Court are concerned you have to contest it on merits. In this scenario, you may have filed a petition for restitution of conjugal rights under Sec.9 HMA in India and then applied to the Australian Court to not to proceed with the divorce petition, but ultimately it would be for the Australian Court to decide whether to stay the proceedings before it on account of pendency of RCR petition in India

Dear Querist

for RCR you have to file the petition Under section 9 of Hindu Marriage Act-1955 and not Under section 10.

issue a letter to the Australian Court and raised your objections that due to unavailability to appear before the Court as you are in India and not confirm about your return to Australia and willing to fight the case as per Indian Law so stop the proceedings as the Australian Court have no Jurisdiction to proceed with divorce proceedings(if the marriage was solemnized under Hindu law)

Feel Free to Call 

Dear Madam,

A foreign Court Judgment and decree on divorce is as valid as it granted by Indian Court. But it has some restrictions. For this i discuss the provisions of law in this regard. Section 13 and 14 of CPC provided the provisions regarding the admissibility and enforceability of foreign judgments. Under Section 14 of the Civil Procedure Code, a presumption arises that the foreign judgment produced before the Court, was pronounced by a Court of competent jurisdiction. But, it is a rebuttable presumption. Section 13 of the Code makes a foreign judgment conclusive as to any matter thereby directly adjudicated between the same parties. But, Section 13 lists out six exceptions to the general rule that a foreign judgment is conclusive. The exceptions are :
(i) where it was not pronounced by a Court of competent jurisdiction;
(ii) where it was not given on the merits of the case;
(iii) where it appears on the face of the proceedings to be founded on an incorrect view of International Law or a refusal to recognise law of India;
(iv) where the proceedings were opposed to natural justice;
(v) where it was obtained by fraud; and
(vi)where it sustains a claim founded on a breach of any law in force in India.