Nri divorce

Divorce on mutual grounds in Australia is valid in India. However in your case it will be intiiated by only one side and in all probability ex-partee divorce which your wife will not respond to. This will not be valid in India.

However as long as you are in Australi or in any country of the world except India you can get married. Since your parents and all are on bail you do get a respite. Ask for the 498A to be quashed. 

You can get married and proceed with your life. If she knows you are married and provide evidence she can file a bigamy charge but i believe its a civil case and you will have consequence only if you enter inida.

In mean time apply for quash for all. Keep your petition separate from rest of family so that even if you are not relieved the rest of family is. The hearing itself takes place like after 6 months..so just get on with your life. They have the ball in their court. Make a proposal for settletment that you find justified if they dont agree good luck to her and her mothers wretched lonely life. 

Get the case u/s 498A IPC quashed from High Court, apply for divorce in Australia where it is easier and accessible to you. 

Divorce i Australia will be valid. You can contest 498 case in lower court, going to higher court will complicate the matters.

If you stay abroad than can marry no problem. However it it will not be easy to get willing spouse.

I go with the views of ragz hyder.  If it is a divorce on mutual consent granted by an Australian Court, it will be held as valid however an exparte decree of divorce in Australia will not be valid in India.

1 we will appply for a divorce in australia which is very easy and would get it in 3months maximum 

will it be valid in india  if not as its valid in australia can i marry again in australia with divorce in australia ?

The answer to the above question is already given, if you obtain divorce in Australia as per local law and if you become eligible for remarriage there, you can very well go ahead but mind it, as far as Indian laws are concerned you still remain married to her and your marriage with this woman in India has not been dissolved hence she may lodge a criminal complaint against you for the offence of bigamy, this will affect you at the time you return to India or make an entry to India whenever you wish to do so, you may be taken into custody too at the Airport if a look out notice is pending for you in India at that time.

2 because i have applied for a divorce in india and now court dimiseed it if i get a n australian divorce and she files a divorce then i would accept the divorce would pay what so ever court advicess

In the above situation, you may give your consent for the divorce prayer she makes before the court but make sure that you do not budge to to the exorbitant demand she may place as an alimony relief. If you remain exparte in that case, you may have to pay the alimony prayed for by her in the divorce petition.