You both can file for a mutual divorce in US court both you and your husband can present a joint petition and can consent for a mutual divorce on terms decoded by you. The court shall pass order on same and a mutual divorce obtained in US will be valid in India too.

your divorce by mutual consent is valid in India 

2) you can file petition under section 7 of family court for declaration that marriage is dissolved by US divorce decree 

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 Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts.

You can go for no fault divorce or consent divorce by filing the same with the help of attorney

Hello,

If your divorce follows the basic principle of laws in force in india it will be treated as a valid divorce. In your case the same is valid but you need to present the same in the Indian Court to validate the same in India.

Regards.

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;

A judgment or a decree, passed by a foreign court, on a claim founded on a breach of any law in force in India may not be enforceable. If husband has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.

So both of  you can file mutual divorce petition before US court .Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts.Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

1. Mutual divorce granted in USA is not valid in India under certain circumstances.

2. Hence do not go for mutual divorce in USA as if any of you can later retract from your position and dispute the marriage.

3. So better apply for it in India. It does not take more than six months and your physical presence is not required except once in final motion.

You can take a Divorce by Mutual Consent in the USA itself in accordance with that particular law under which you have been married in India (i.e either Hindu Marriage Act, Special Act etc) . It will be recognised as a foreign decree in India.in USA it's Called No Fault Divorce. 

You will have to engage a local Attorney of the State in the U.S. Please go to local Family  Court where u r residing. Court papers shall be of US. US Divorce shall not be invalid in India. File the requisite Petition and appear before the Hon'ble Court.

1. If both of you attend divorce proceedings in US and if the ground for obtaining divorce is one of the grounds recognised under the Hindu Marriage Act, then you can obtain divorce in US. Practically it's not possible and only one option is if both of you agree for 'No fault divorce' and obtain a favourable decree, then it is equivalent to Mutual Consent Divorce under Hindu Marriage Act and will be recognised in India also. There will be no legal issues if the above procedure has been followed. 2. After obtaining divorce from US as 'No fault divorce', then there is no need to obtain divorce again in India, if both parties have participated in divorce proceedings. 3. If both the parties attended divorce proceedings and obtained favourable decree of divorce, then the parties can publish a Public Notice in Indian leading newspapers in local language of the province as well in English language papers giving wide publicity about the dissolution of their marriage, so that all connected people come to know about their parting through divorce. 4. Matter can be sorted out under mutual amicable terms as ample opportunity was provided to both to air their grievances against each other during the court proceedings.

Dear Madam,

The following information may kindly be read and it will helpful to you.

Laws Related to NRI Divorce

A growing trend among Indian men and women can be seen to get married to NRIs. According to the recent statistical data, 225 women from metro cities get married to NRIs every year and out of these around 25 want to end their marriage due to reasons of hiding facts or of deception. This is the reason why it is important for Indians who marry NRIs to have knowledge of laws related to NRI divorce. Many of NRI weddings end in divorce due to the reasons like:

• The NRI spouses inflate their assets like home, high paid job, or vehicle in the foreign country but actually might not be in a position to support a family after marriage.
• The NRI spouse happens to have another spouse, settled with him abroad.
• The NRI spouse feels that Indian spouse is not a suitable partner in coping up with him and his advanced lifestyle and hence, seeks divorce on the grounds of incompatibility.

However, The Process Needs one to Furnish the Following Information for Completion of Divorce Process:

• Where was one married? India or Abroad
• Does one have children?
• Will both be able to reach a financial settlement of their possessions?
• What is the religion of both the partners?
• Which country is one based in?
• What is his or her nationality?

Even though, there are not many laws to protect the interest of Indians who marry NRIs but due to rise in the number of troubled marriages of NRIs with Indians, the government is introducing NGOs in both India as well as abroad and these shall guide Indian men and women who are married to NRIs and settled abroad. They offer emotional support, counseling, and legal advice in the process of divorce and separation. Another thing to be kept in mind is that even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in Indian divorce laws related to NRIs.

The Basic Laws Related to NRI Divorce, That One Must be Well Aware of are:

• If both the spouses are settled in USA, or any other foreign country, then they can seek divorce by mutual consent under the foreign marriages divorce laws of that country.
• If both the spouses are Indians and have been married under Hindu marriage Act 1955, in that case they can seek divorce with mutual consent under section 13-B.

you both can get divorce decree in USA and it will be valid in INDIA too but if any of the party want to ger remarry in india then better to obtain the same from INDIA to avoid any complications.

MCD decree of foreign court valid in India.

Hi,

You may apply for the no fault/mutual consent divorce to the court of your area and after some hearings, you will be granted divorce. 

1. If both of you have reached a positive agreement on all the issues to dissolve the marriage then you can file a joint petition in the competent court in USA.

2. The decree of divorce passed by a foreign court in a joint petition will be valid in India qua Indian citizens for all legal and practical reasons.

Yes, you can apply for Mutual Consent Divorce in the USA and that same decree is valid in the India.

If the divorce is on mutual consent grounds then it is recognised as legally valid in India however if it was no fault divorce, then it is not recognised as legally valid divorce in India.

You confirm this and proceed.

1. It will be prudent on your part to obtain the decree of muruakl consent divorce in India which will be decided within 6 & 1/2 months from the date of its filing.

2. For obraing the MCD decree you can get the MCD application sent to you in USA by your Indian Advocate to apend your signature  to be notarised by the appropriate officer of your local Indian Consulate for sending back to your Indian Advocate for filing.

3. Both of you shall have to appear before the Court on the day of the 2nd motion to be held after 6 months for confirming that you still want the divorce decre for which will be pseed thereafter.

4. If you get the decree of divorce in the USA based on mutual consent, you shall have to get the said foraign decree validated by the local District Judge in India.