1) divorce granted with consent of parties in USA would be valid in India

2) if your wife does not participate in the divorce proceedings the divorce decree would not be valid in India

3) best option is to file for divorce by mutual consent in India after staying separate for period of one year of marriage

4) your personal presence would not be necessary

5) you can execute POA in favour of family member

If you and your wife (both) are residing in US and both of you are willing to mutual consent divorce then you can file for divorce in US and that divorce will be valid in India too.

But if you are in US and your wife is in India and you get divorce from US court then that divorce will not be valid in India as per section 13 of Civil procedure code 1908.

13. When foreign judgment not conclusive.- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except,—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

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1. If the divirce is mutually done in USA and your wife remaries thereafter then the divorce in USA becomes enforcebale in india.

2.However ex parte divorce granted in USA may not be valid in india if your wife disputes the same in India.

3.If she agrees then file mutual divorce petition in India for which you need to attend court only on one date.

Hi, If the both the parties are participate in the proceedings before the US Court, then Divorce granted in US Court is valid.

Divorce obtained by will be valid in India when:-

A. It is obtained on a ground recognized under the Hindu Marriage Act.

B. Your wife also participates in the said US divorce proceedings and the same is not exparte.

C. Only incase you file this after waiting for one year after your marriage.

Please note: divorce obtained in US on the ground of irreparable marriage or irretrievable breakdown of marriage is not recognized in India. Also, wait for 2 more months before you apply for divorce in US.

Divorce obtained in USA as per the Hindu Marriage Act is balid in India and if the same has been granted in presence of the parties.

Bear in mind that No fault divorce is not valid in india, and also the divorce must be filed after one year of marriage.

I would advise you to come to India and get a mutual consent divorce (if possible) to avoid any future complications. The same takes very less time and your physical presence is just required for one time.

Let me know if I can be of some help.

Thanks and Regarfs

1. No. Decree of divorce passed by foreign court on grounds not acceptable by Indian law is not acceptable by Indian Court.

2.Foreign decree of divorce passes against jointly filed mutual consent divorce petition is accepted by Indian Court since it has been obtained on grounds acceptable by Indian law.

3. You can sign a the divorce petition and get it notarized by the appropriate officer of your local Indian consulate and then send it to your lawyer at India for filing it.

4. You shall have to appear before the Court physically while submitting your evidence.

5. However, the best course of action for both of you is to jointly file a mutual consent divorce petition on agreed terms which will be disposed off with in 6 & 1/2 months from the date of it's filing.

6. If you don't take divorce from Indian Court, both of you shall be legally treated as husband and wife as per Indian law and she can claim all the amenities an Indian wife is entitled to in India as per law.

The contested or mutual consent divorce granted in US as per US laws where the other party to the marriage participated in the litigation, then it is valid in India provided the marriage has run for more than a year.

The exparte decree of divorce obtained in US is not valid in India.

Yes it will be valid if u take divorce in any foreign country.

1. No. divorce decree passed by foreign court is not valid in India unless the sme has ben obtained on grounds acceptable by Indian Law like mutual conent divorce.

2. Moreover, even the decree of divorce passed against MCD petition also shall have to be validated by Indian District Judge.

3. You can get the divorce petition drafted on the ground of cruelty signed by you notarised by the appropriate officer of the local Indian Consulate and send to your Indian lawyer for filing which will be accepted by the Court.

4. You shall have to appear while submitting evidence.

5. If you do not take divorce from Indian Court, she will continue to stay as your wife and can demand all the amenities an Indian wife is entitled to.