In the case of Jasmit & Jasmit  FCCA (12 June 2014) the issue revolved around whether Australia had jurisdiction to hear a divorce application. The parties’ had been married in India. The wife had returned to India after the parties moved to Australia. The husband filed a divorce application on 9 May 2013 under the Family Law Act 1975.
Judge Riethmuller heard the application that was opposed by the wife who lived in India. The applicant wife filed a response that the husband’s application be dismissed. She argued at  that Australia was a clearly inappropriate forum, that there were outstanding family law proceedings in India, that an Australian divorce would not be recognised in India and at  that “she does not have the financial means nor a valid visa to attend the court hearing in Australia”
Judge Riethmuller refused to grant a stay of the husband’s application, stating at 
“The husband has a right to a divorce in Australia, without having to prove fault or impairment of the other party, simply on the grounds of irretrievable breakdown of the marriage and separation for a period of 12 months. The evidence in this case shows the parties effectively separated when the wife returned to India.”
Then at [44-45]
“Under s.13 of the Hindu Marriage Act it does not appear that the husband has a prima facie basis to obtain a divorce, and the wife opposes a divorce. Thus, the remedy of divorce appears to be available to the husband only in Australia. As a resident of Australia he is entitled to the benefits and protections of Australian law.
Judge Riethmuller then concluded at -
“Considering the matter as a whole and the unusual circumstances of this case, it appears to me that Australia is not a clearly inappropriate forum in which to allow the divorce application to proceed. In the circumstances, I therefore decline to stay the Husband’s application for a divorce.”