1. Yes she can file a case. 
2. wrong or correct is a matter of investigation. She has a right to file complaint, even false. 
3. yes

4. talk to her and file a mutual consent divorce. 

Regards

Wife can file false dowry harassment and DV case against you 

2) if any cases are filed against st you then you must coperate in investigations 

3) apply for and obtain Anticipatory bail from sessions court in 498A case 

4) contact a local lawyer 

 if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you have two options,
one option is to,

file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc

1. She can file dowry case even after a lapse of 6 months and your cituzenship change cannot safeguard you from the charges

1. See wife by citing false facts may file a FIR against you or complaint though the burden of proof shall be on her. In case any FIR is filed you can approach high court for quashing of same as it is filed after 6 months of separation as after thought.

2. See she won't tell that in her FIR or complaint she will say you forced her out , you have to contest same.

3. Court may attach your property in India in case you fail to appear before the court.

4.Settle with your wife and apply for mutual divorce without paying her anything or least alimony.

Hi

1. Yes she will/can file those cases.

2. Staying away 6 months cannot save you from cases.

     That's the matter of argument in court. It will go in           your favour.

3. Yes. Citizenship doesn't matter. 

4. See there is no such instrument provided in Indian           system to prevent someone from filing a case                   against you. BUT if you are not at fault you will be             set  free after the trial.

Thanks

1 that can't be said 

2. Yes many women do file false cases

3. Yes they may

4. You need to contest the same

1. Filing of divorce suit or any other proceeding is no deterrent against initiating of 498A case. The 498A case has its own cause of action which has nexus with other case.

2. On the basis of past incidents committed prior to six months the 498a case can indeed be filed at this point of time. 

3. Nationally has again no connection with these cases.

4. Settle the dispute amicably and file a mutual consent divorce. 

Record her calls admitting she only wants divorce.

DV and 498a cases can file by wife any time. DV is continuous offence.

If you have no properties in Inidan and never returning India than you are safe.

Cases cannot avoid but you can collect evidences of your innocence. 

Not capable of living or working together happily or harmoniously to a person is not a ground for Divorce under Indian laws. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Your wife can file false cases against you. There is no time limit to the filing of DV and/or 498A.The DV and 498A offences are continuous in nature hence her complaint may be entertained by the police or court.  However its maintainability is doubtful. It can be challenged on the same ground that it is an afterthought complaint to wreak vengeance for the divorce case. The citizens ship of Australia never help you. If she files a false case then you must defend the same .

1.  If you file a contested divorce against her on the grounds of cruelty then there are chances that she may take revenge on you in retaliation by giving false police complaint under section 498a and dowry harassment laws. Since this is a continuing offence, there is no time limit for this.

2. You may have to prove this only during trial proceedings and not before that, the police will not listen to your explanations.

3. If you do not return to India then it may have less impact.

4. You can obtain anticipatory bail and file a quash petition to quash the FIR when a situation arises.

1. An HC judgment has held that AFTER a separation of minimum One year, the wife does derive any ground to file DV or 498a cases. In your case you would need to prove that Wife is staying in India (her passport stamp will be proof) and that you are staying in Australia (your passport stamp will be proof), to determine the minimum one year separation. 

2. You are advised to quietly wait for one year (for your own security) and THEN file "divorce proceedings" in Australia (since you are Australian citizen). IF wife is not able to attend court in Australia, THEN the Divorce Decree will be granted to you, on ex parte basis and you would not be required to pay any alimony /maintenance /etc....

3. Avoid keeping any contact for one year, means no phone, SMS, whatsapp, emails, correspondences .... (no evidence) just isolate yourself, for a successful outcome.

1. Filing of divorce by husband does not in any manner preclude wife from filing 498A. However, if for most part of the matrimony you have resided outside India then you can file petition for quashing of FIR in the High Court.

2. 498A can be filed even if she is staying with her parents. When complaint is filed then allegations are manufactured and stated in a manner so as to bring the case within the realm of statutory provision.

3. If and when 498A is filed then approach the High Court with a petition for quashing of FIR.

Hello,

The best way is to file a mutual consent divorce.

Regards

1. Yes

2. She can file complaint with the police. if the police don't find her complaint word file read this message without filing the FIR.

3. Yes, if you do not appear after receiving the summons from court, non bailable warrant would be issued against you. If you do not appear after that you will be declared proclaimed offender.

4. Best way out is through mutual consent divorce. It's better if you consult a lawyer in person or any other means, in order to a get more concrete advise. 

1. Yes, in retaliation to the divorce case instituted by you against her, she can file a number of cases against you to frame you falsely.

2. Yes, this could be said/argued.

3. Yes.

4. Have a good and experienced lawyer by your side. 

Dear Sir,

It is quite possible that your wife will file false cases of dowry demand, domestic violence and maintenance etc. and will cite the reason of her staying with her parents as torture, harassment and cruelty committed by you and your family members. So to prevent it, you are suggested to wait for some time and start sending love-affection messages, talks and cares via all communications to show that you care for her and you miss her company. Also, write her to come back to you and let her deny. This will foil all her plans to defame you and you may use these communications in your cases to prove her wrongs. 

Dear Querist

My opinion on your queries are as under:-

1. It is immaterial that you will file the divorce case or not, if she wants to file the case nobody can stop her, so it will be better to file the divorce case immediately and after filing your divorce case, if she will file any case against you then that case can be considered as counterblast case.

2. she may file anything and to prove the charges you have to face trial before the court.  

3. Yes, it will impact you and your family too.

4. The best approach is that try to settle the matter amicably and go for the mutual consent divorce under section 13B of the Hindu Marriage Act-1955 and get divorce peacefully.

Feel Free to Call

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

1. she can file any case as she likes
2. this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

1. Yes your wife can file false cases against you under section 498A and Domestic violence case.

2. No it's not obvious that she is Filing false cases even if she is not living with your from last one year, you have to defend yourself in the cases. 

3. Yes these cases can have adverse effect on you even if you are not Indian citizen.

4. Best approach is to mutually settle the dispute and go for mutual consent divorce.

1. Yes, she can file her case on the ground of cruelty.

2. Under Hindu Marriage Act, separation is a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition

- Hence, for the period , which she passed with you , may be a ground for cruelty , even falsely implicated. 

3 .Yes,  As your marriage was solemnized in India , hence Court has its power to call you from Australian under the following provisions, i.e. 

The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives. 

4. Take her consent for Mutual divorce , and settle the dispute amicably with the help of your relative in India , without coming to India.

- If, she refused for the same, then lodge your complaint/information with the police after narrating her fault and harassment etc, and thereby mention that she is threatening you and your family members in false cases of dowry , and if she files , then in that eventuality you will be not responsible for the same.

Good luck and dont forget to rating Positively. 

she can file 498a and DV. 

it is better try to convince her for mutual divorce. 

Best possible option to avoid all complications and criminal cases is to go for mutual consent divorce.

1) First you collate some proofs i.e., video / audio recordings of her versions which may be of some help to you.

2) If she decides she can play havoc with your life and that of your family by filing all sorts of false / frivolous criminal cases, i.e., DVC, 498-A, Maintenance cases etc.

3) No, it will have impact on you.

4) Best option is to sort out the issue amicably and go for mutual consent divorce to avoid complications, i.e., buy peace.

1. As per the information mentioned in the present query, makes it clear that though she is not with you for last 6 months, but still she has a chance to file the case against you as it is for the court to decide about its genuineness.
2. I would like to apprise you that cases like the present one which your wife may come up with against you and your family are false cases to the extent of 90 percent of those.
3. And if you happen to file divorce case before she filed any false case, at least you would have one more ground of taking revenge by her by filing false cases in return of divorce case against her.
4. Yes, as you married in India, there may be problem for you for sure in future as per Indian penal law.