1) No, it will be not valid in India, Exparte Divorce order, only Mutual consent Divorce is valid from foreign country court decree. So you continue here what right now is going on and stick to it.
In case you want to get a divorce in the foreign country where you reside, it must be a mutual consent divorce. The Indian legal system does not recognize Exparte divorce orders, i.e., where only spouse participates.
You can apply for a divorce according to the foreign marriage law prevailing in the country where you reside. Afterwards, you need to seek a declaration in accordance with the Family Courts Act to make the foreign judgment valid in India. This declaration can be sought only in the family court which has the jurisdiction to try the case.
2) A person who has married an NRI, seeking divorce should be aware of the basic laws related to NRI divorce.
· If both the spouses are Indians and have been married under Hindu marriage Act, 1955 then they can seek divorce with mutual consent under section 13-B that provides for divorce by mutual consent.
· If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.
There are not many laws that protect the interest of Indians married to NRIs. However, due to rise in the number of troubled marriages among Indians and NRIs, the government is initiating non- government organizations in India and abroad which can guide Indian men and women who are married to NRIs and residing abroad. They offer counseling, legal advice, and moral support in the event of divorce and separation. Even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in dealing with Indian divorce laws related to NRIs.