You can participate in divorce proceedings in USA

2) divorce decree passed in USA court with consent of parties would be valid in India

3) I presume your wife is residing in USA at present and on this basis courts in USA would have jurisdiction to entertain and dispose of the divorce petition

You can file for divorce by mutual consent in India

2) divorce by mutual consent takes6months in India

3). Divorce decree passed with consent of parties in USA would be valid in India

4) you can file petition for declaration under section7 of family court act that marriage has been dissolved by US divorce decree

5) court summons from US would be mentioning wife mailing address in USA

1)in case your marriage was solemnised in India you can file for divorce by mutual consent in India . it would take 6 months

2) your wife can file for divorce in USA if she is staying in USA

3)you can sign the divorce papers submit your reply that you have no objection for marriage to be dissolved in USA. divorce decree would be valid in India

4) i do not know how long it will take for US court to pass orders dissolving your marriage

for divorce by mutual consent your personal presence is not required

2) you can execute POA in favour of family member to appear on your behalf , to file affidavit etc

3) your virtual presence through skype is sufficient

4) better file for divorce in India

My wife filed case of harassment and the judge has dismissed the case stating that there is no proof. She has filed for divorce in US court and sent me the papers to sign. Our marriage took place in India. Even I want to go for divorce now. How soon can I get a divorce as I want to leave India for better career prospects?

If you also want to divorce her then you can file a divorce petition in India against her. Ignore her divorce papers sent from US for divorce case in IS. Let she get exparte divorce in US. You may pressurise and get an exparte divorce in India if she is not attending the the divorce proceedings in India which will be very safe and legally valid divorce for you to proceed ahead in your life.

If she gets divorced in the USA. Is it valid? Can I get married in India showing the statement that she has sent? How soon will I get the divorce if I apply in India as the case is in my favor and what is the complete process? I don't know where is she living in the USA as she changed her address.

The exparte divorce is granted in US, is not valid in India, if you challenge it.

However to be doubly sure, you can file a divorce case in India from your side by sending the summons to her known address in US. If it is returned undelivered then you may send summons once again to her Indian address.

Let this also be returned undelivered after which you may request court to permit you to tale steps for substituted service of summons through a newspaper publication.

After this the court may grant you exparte divorce. The entire process may be completed in a matter of three to four months time.

Sir, thanks for your reply. Can you tell me clearly points wise

1) My wife appeared for Divorce in the US after her case got dismissed in India- Our marriage took place in India.

2) She sent me a notice from the US asking me to sign the papers. If I sign the papers what would be status. I have got an opportunity abroad and I want a divorce as soon as possible. What would be the time frame for me to get the divorce as I am planning to leave India this month end?

First of all you should understand the legal implications if you sign the papers for divorce in US. The danger is that the divorce would be mutual consent or contested. In either of the case you would be responsible for sharing of properties and alimony amount as decreed by US court as per US laws.

If you dont sign the papers she may get exparte divorce and hence it would not be valid or the conditions executable in India.

But since you are also interested in getting the marriage dissolved, you may adopt the procedures and steps suggested in my previous post.

The divorce case cannot be disposed within a month or you can expect the law to dance to your tune.

You have to follow the legal procedures properly if you desire to get remedy and relief.

She is a US citizen and I am an Indian citizen. 6 months would be a long time and I have to leave India for work this month. What is the best step and solution?

If you cannot wait now then you may have to carry on this married marital status tag with you forever till the time your marriage is legally dissolved through a court of law decree of divorce.