Yes, she can initiate case of martial torture in India on which basis if the court imposes restrictions then your travel to Austria may be hindered. However such restrictions are imposed by court and before that you should get enough time to return to Austria unless and until you are are arrested.

To avoid future disputes on the issue of amenability of foreign divorce it is advisable that both of you get the mutual divorce in India for which your physical presence would be necessary during final motion. 

To avenge you to satisfy her personal grievances against you she may misuse women biased laws in India, she may be waiting for you to visit India and inform police about your whereabouts at that time.

Therefore, you may not respond to police calls while in India and be elusive.

You can shift your mother also to some other place temporarily so that the police don't torture her to put pressure on you.

As early as possible you may leave the country without attempting to even apply for anticipatory bail.

You may follow up with your advocate for divorce case from remote.

1. She can very much create trouble by approaching police/court by manipulating system. There is no preventive vaccine against such complaints.
2. She can even block your return to Australia through criminal cases seeing seizing of your passport.

Wife can always file false dowry harassment case against st you 

you can apply for and obtain anticipatory bail from sessions court 

you can with court permission travel back to Australia 

Your wife may take the plea that offence took place in india when she was staying at your residence 

hence Indian courts would have jurisdiction 

It is not that Court will hold you guilty. She can use the  law by filing cases, that is sufficient to detain in India. You will come out of it ultimately but facing the  trial is itself a punishment.

Obtain in writing from wife that no demands for dowry were made before or at time of or after marriage 

Unless she files any non bailable offence FIR against you there is no issue for you to come back.

you proceed with your divorce in India if she doesn’t attend you will get exparte divorce 

Your marriage took place as per Indian laws and she is an Indian or she is lodging a criminal complaint in India hence it is valid.

She will manipulate as if the incidents complained against had taken place in India..

Rest other things can be taken care only in the trial proceedings and cannot be protested in the initial stage itself. 

In the event of she lodging a criminal complaint and the police registers FIR then you can get an anticipatory bail for her and challenge the false case properly in the trial proceedings

Risk & Protection Plan

🚩 False Cases Possible – Wife may file 498A (Dowry), DV, or Maintenance in India despite living in Australia.
🚩 Travel Block Possible – If a criminal case is filed, a Lookout Circular (LOC) may restrict your return.

How to Protect Yourself & Mother?

✅ Legal Shield: File a Section 9 (RCR) or divorce case in Australia as proof.
✅ Precaution for Mother: She should file a police complaint stating no involvement.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.
Shubham Goyal.

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Since, you both are residing in Australia , and she is not ready for mutual divorce , then you can file a contested divorce  case there 

- However, if she will not appear before the Australian Court , then the ex-parte divorce decree is not valid in India. 

- Since, she has not filed any case in India then there is no chances of warrant against you.

Dear Sijee,

The law of the land does not differentiate whether you are a Indian national or a foreign citizen. 

There is no such action for immunity from those acts . Your remedy is to fight the same in court on merit. 

Your wife may have the ability to make false claims against you or your mother while you are in India. Given the history of matrimonial disputes and the fact that she has previously threatened you for a divorce, there is a risk that she could leverage the legal system to make unfounded allegations during your visit. The legal documents indicate that there have been instances where parties have used the courts to harass each other, particularly in cases involving divorce and custody disputes. 

Courts have recognized that allegations made during divorce proceedings can sometimes be motivated by a desire to gain leverage in ongoing disputes. For example, in cases where one party has attempted to use the legal system to intimidate or harass the other, courts have been cautious about granting relief based solely on such claims without substantial evidence

Blocking Return Travel to Australia

While your wife may attempt to block your return travel to Australia, it is important to note that any such action would require legal grounds. The Indian judiciary generally respects the rights of individuals to travel, especially if there are no pending criminal charges against you. However, if she were to file a complaint or seek a restraining order, it could complicate your situation.

Jurisdiction: The Indian courts have previously ruled that they do not have jurisdiction over matters that are primarily settled in foreign courts, especially when both parties are residing outside India. In your case, since you have given Power of Attorney to someone to represent you in divorce proceedings, your absence from India should not impede the legal process regarding your divorce