I'm an Indian born Australian Citizen, OCI card holder, married to an Indian Citizen from last 3 years, and have one 2 years old son, who is born in India and gained Australian Citizenship by Descent. At the moment, he doesnt have OCI card. We have taken visitor visa for 1 year for him.
We live in India and are working so my mum takes care of our son all the time.
My wife who is an Indian Citizen is creating problems in family. She is not interested in our relation now. She didn't applied for Australian Spouse Visa as she doesn't want to move to Australia because she is very possessive about her family and want to live with them. At the moment we are living together. I have 3 brother-in-laws and 2 sister-in-laws so there is no question of anything like they need her support or financially dependent on her.
So now I wish to move back to Australia with my son.
My questions are:
1.Can I take my 2 year old son to Australia with me as he is an Australian Citizen.
2.Can She by any means create problems for him to move to Australia with me. If yes, then what is the point of my Son having Australian Citizen.
3. Can I apply for divorce in Australia if i got married in India.
My reason for divorce is that my in-laws family are forcing me to live in India. As they know if by Indian law they can stop me taking my child to Australia as he is an infant, so they can force me to live in India and are harassing me in different ways.