Yes, she can do that. The divorce obtained by you in US will not be recognized in India in as much as the ground on which you've been granted divorce in USA, i.e., irretrievable breakdown of marriage, isn't a recognized ground of divorce under the Hindu Marriage Act.

Thus, this US divorce is having no validity in India and is thus, meaningless.

Hello,

1) The fact is that if she has not participated in the process in the US divorce she can challenge the validity of the same in an Indian Court.As the US laws permitted a motion for default you were able to get the divorce ordered in your favour.

2) Secondly in India you do not have the option of filing for divorce on irreconcilable differences.If you had married as Hindus and as per the prevailing religious customs your divorce also ought to be under provisions governed by Hindu Marriage Act 1955 be it in India or in the US for it to be universally acceptable.

3) She can file cases on grounds of domestic violence, dowry harassment etc if she chooses to in India if she has now shifted base to India and they can certainly give you cause of concern when you come to India.It would therefore be worth negotiating and settle monetary matters and if they are willing file for a mutual consent divorce in India.

1) your divorce decree would not be valid in India

2) your wife can file petition for restitution of conjugal rights under section 9 of HMA and for declaration that marriage is valid and subsisting

3) wife can file 498A/ DV case against you in India as marriage has not been dissolved in India

2. Yes, she can very well challenge the decree of divorce in India.

2. Similarly she or on her behalf her parent can file dv case or even 498A case.

3. Hence, talk to her family members and yo remove all future dispute file mutual divorce petition in India afresh.

1) for filing mutual consent divorce you can execute POA in favour of family member

2) your personal presence is not necessary

3) virtual presence through skype is sufficient

4) if you come to India her parents can file false cases on you

Once you obtain US citizenship, there is no trouble because no FIR can be lodged against you as provided under section 4 IPC.

However, until the, your wife and in-laws can lodge a FIR against you in India.

Mutual Consent Divorce will not require your presence and can be filed through a POA holder.

Hello,

1) Mental illness of incurable nature that makes it impossible for people to live together in each others company can be a reason for filing of divorce, however it will be extremely difficult to prove. You may try to persuade her parents about long term treatment by admission into a rehabilitation centre and offer to bear the expenses as part of the settlement and filing of divorce by mutual consent.You will have to convince the court that you are a better parent to take custody of the child and that you have every means to sustain it. as opposed to your spouse who is mentally unstable.

2) Once you have acquired the citizenship of USA her parents filing such cases and you being in trouble is minimal.

3) You need to be present in person at least once for the filing of divorce by mutual consent. The affirmation of your consent after 6 months can even be done through a video conferencing with the permission of the court if you are unable to attend in person.

the said divorce decree is not valid in India, since only the decree where the divorce has been taken as per the provisions of the Hindu Marriage Act is valid.

Your wife can file cases against you in India claiming that the said divorce decree is nothing but nullity.

Regards

Also it may be noted that the mutual consent divorce can be filed through a POA

Personnel appearance is not mandatory and you may mark presence online also.

The same will take 6 months.

Let me know if I can be of further help.

Regards

1. The decree of divorce obtained by you in USA is not valid in India since irretrievably breaking down of marriage is not an acceptable ground as per Indian law for seeking decree of divorce.

2. So, as per Indian law, you two are still married couple.

3. She can come to India and lodge police complaint u/s498A of IPC and also file DV case against you and your family members which you shall have to contest fitting on merit.

4. It will be prudent on your part to negotiate with your wife and jointly file a mutual consent divorce petition on agreed terms, which will be decided by the Court within 6 & 1/2 months from the date of its filing.

5. Without getting decree of divorce in India you won't be able to remarry in India and start your life afresh.

1. Her parents can lodge the police complaint or she can also lodge the said police complaint from USA through Email.

2. Both of you can sign the MCD petition before the appropriate officer of local Indian consulate and send the same to your lawyer in India for filing the same before the Court.

3. Both of you shall have to personally appear before the Court on the day of the 2nd motion after 6 months of its filing when both of you hall have to declare that you still ant divorce.

4. Based on the above declaration of you two, decree of divorce will be issued.

unless FIR is filed you cannot obtain Anticipatory bail

Yes, this is possible. They can approach the sessions court/high court and obtain Anticipatory Bail.

Anticipatory bail is granted under Section 438 of the Criminal Procedure Code (Cr.P.C.). It is not a condition precedent for invoking the provisions of this section that FIR should have been registered first. What Section 438 Cr.P.C. requires is that the applicant is apprehending his arrest on accusation of having committed a non-bailable offence. It is not necessary that at the time of applying for anticipatory bail, the police must have already registered the FIR. Anticipatory bail can be applied even before registration of FIR, provided there is a real apprehension of arrest on accusation of having committed a non-bailable offence.

1. AB can be availed from the Court only after FIR is registered against you and your family members based on the complaint filed by her.

2. FIR no. and the name of the police station where the FIR has been registered is required to be mentioned while filing the application for availing AB.

3. No AB petition can be filed unless FIR has been registered by the police based on the complaint filed by her.

No doubt this form of divorce I.e., without her participation, shall be termed as exparte divorce and it is not legally valid in India.

She can challenge it in India and make it not operative by seeking to set it aside.

However her relatives cannot file cruelty case in India for the events that have taken place in USA.

You can travel to India freely, talk to her about maintenance or one time settlement of alimony and file a mutual consent divorce in India again to dissolve the marriage by a lucky legally valid divorce decree to avoid all future problems in this regard.

Her parents have no reason to file any such case against you especially when you prove by medical records that she suffers from mental illness and you had been talking care of her for more than ten years, no complaint by them would be maintainable.

You don't worry about a nonexistent thing.

Don't jump into any such hasty conclusion

It will be as good as waking them up on the Issue which hitherto is not in their list.

Don't try to defend yourself before being offended.

1) you can file for divorce within jurisdiction of court wherein marriage was solemnised or where you resided after marriage or where wife is residing

2)you can engage lawyer from this website to appear on your behalf

1. You can file the MCD petition before any Court having jurisdiction on the area where your marriage was solemnised or where both of you last stayed together or where she is currently staying in India.

2. The procedure to file MCD petition has already been informed in my earlier post.

3. You shall have to appear before the Court on the last day of the hearing called the day of the 2nd motion for which you shall have to stay prepared.

It can be filed at:

a. the place where you both were lastly residing together in India.

b. at the place of your marriage.

c. if you both are shifting to the same city in India, in the said city.

Mutual consent divorce can be filed at three places:

Where the marriage took place

Where you two last resided

Where the wife is residing

You can contact me if you want me to handle your case.

Regards

You can file mutual consent divorce in India in the place where you got married or the place where you both last resided in India or her current place of residence in India.

Asd far as lawyer is concerned, it is your decision to engage a lawyer of your choice who may hail from any part of the country, but on his/her terms, and it is advisable to engage a local lawyer or a lawyer residing in the nearby place to avoid extra expenses of conveyance or any other incidentals towards the lawyer's travelling to and from.

You can talk about the terms to the chosen lawyer accordingly.