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

Dear Sir,

Your situation is complex, and I appreciate your concerns. As you are no longer an Indian citizen, Indian laws still apply to you for any legal matters related to your past marriage and residency in India. Your wife, despite residing in Australia, can still file certain legal complaints against you in India, which could cause severe complications. Below are the risks and necessary precautions you must take before traveling.

Potential Legal Risks in India

Given that your wife has withdrawn from the mutual divorce agreement, she may try to:

1. File a False Criminal Complaint

   • Under Section 498A of the Indian Penal Code (IPC) (Cruelty by Husband & Relatives) – Even if there was no dowry, she can still allege emotional/mental/physical harassment, leading to an FIR (First Information Report).
   • Under Section 406 IPC (Criminal Breach of Trust) – She may claim that her belongings, jewelry, or financial assets are withheld.
   • Under The Protection of Women from Domestic Violence Act, 2005 (PWDVA) – A complaint of domestic violence can be filed against you and your mother.

2. Lookout Circular (LOC) & Travel Ban Risks

   • If she files a complaint and the police consider it serious, they may issue a Lookout Circular (LOC), preventing you from leaving India. You might only find out when trying to board your return flight.
   • Your Australian passport and OCI (if you have one) do not make you immune to an LOC if a criminal case is filed.

3. False Civil Cases to Harass You & Your Mother

   • 
     Maintenance Claim – She may file a maintenance petition under Section 125 CrPC or Hindu Marriage Act, 1955, even if she earns in Australia.
   • 
     Residence Rights in India – Even though she never lived in your Indian house, she might claim the right to live there under the PWDVA Act.

Practical Steps to Protect Yourself & Your Mother

Before traveling to India, take the following precautionary legal steps:

1. Preventive Legal Safeguards

Anticipatory Bail (AB): Before visiting India, file for Anticipatory Bail (AB) under Section 438 CrPC to avoid sudden arrest in case of a false complaint. An experienced lawyer can get you an AB order from the High Court in your home state.

Legal Notice to Wife: Send a strong legal notice through your advocate, documenting that the divorce process began in Australia and that she has no jurisdiction in India to file false cases.

Affidavit of No-Dowry & Clean Marriage Record: Since you have records proving no dowry was taken, get them notarized and stored safely.

Power of Attorney (PoA) for Your Mother: Execute a General Power of Attorney (GPA) to a trusted relative or lawyer to handle any legal case in your absence.

2. Prevent False Complaints & Harassment

🔹 Preemptive Police Complaint: File a preemptive complaint at your local police station in India, stating that your wife may file false allegations to harass you and your mother.

🔹 Stay at a Secure Location: If you suspect a legal move against you, do not stay at your known residence. Opt for a hotel or private accommodation where police can't easily reach you without a warrant.

🔹 Restraining Order Against Wife: If she attempts to enter your Indian home, you can seek a civil injunction (stay order) from the local court to prevent her from harassing your mother.

How I Can Assist You

This is not a simple matter, and you need a highly skilled lawyer to:

1. File Anticipatory Bail Before You Land in India
2. Draft a Legal Notice to Your Wife in India & Australia
3. Submit a Preemptive Complaint to Indian Police
4.Prepare a Strong Power of Attorney to Protect Your Mother
5.Monitor for Any LOC Issued Against You

If you do not act now, a single complaint from your wife can:
❌ Get you detained at the airport in India
❌ Prevent your return to Australia
❌ Lead to arrest & police interrogation
❌ Put your mother in legal trouble

Final Advice

You should immediately engage an experienced advocate in India before you book your travel. A single misstep can cost you months of legal trouble. I can ensure that you remain safe while in India and your mother is not harassed after you leave.

If you need immediate legal drafting of documents or assistance in hiring a lawyer, let me know. Your safety and freedom are paramount.

📞 Let’s discuss your case in detail. Contact me ASAP before making any travel plans.

Contaact/WhatsAPP NO - Nine Five Nine Two Five Zero Zero Zero Six Eight

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