Better option for you is to file for divorce by mutual consent in India 

2) your personal presence is not necessary 

3) you can execute POA in favour of family member 

4) POA should be attested before Indian consulate 

5) your virtual presence through Skype is sufficient 

6) you would get divorce in 6 months 

7) in alternative you can file for divorce in USA 

8) if your husband participates in divorce proceedings divorce decree would be valid in India 

9) you can have divorce decree validated by family court in India under section 7 of family courts act 

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

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.

You should file mutual divorce petition in India by using Power of attorney and attend the second motion of mutual divorce  by SKYPE for personal presence . Now the cooling period for six month is waived. So you can get Divorce decree with in a month.

No, the divorce performed in USA will be not valid for you andDhim as well.

Ask your husband to file for Mutual Consent Divorce here in India and that will to fast. You can sign MOU papers which he will be sending by courier to you and return signed MOU back to India.

Later in ask your husband to get same MoU convert into court order of Mutual Consent Divorce. That will be validDin India and foreign as well.

Plus here you can update on your passport too.

The no fault divorce or the exparte divorce granted in US is not valid in India.

You can better apply for mutual consent divorce in India through a POA representing you.

In fact you can confirm your consent through video conferencing arrangement also.

You need not come to India for that.

1. The divorce granted in USA ia not recognised in India.

2. However if it is done o consent and he also remarries soon thereafter then he can not challenge it anymore in India.

3. Nevertheless, if he agrees for mutual divorce then go for it in India only which does not take more than six months. Divorce granted in India would put all disputes at rest.

See divorce taken in US will not be valid it is better you husband files mutual divorce in India you can give power of attorney to any of your relative to sign consent paper on your behalf and further an application to record your consent vide vedio conferencing . The court shall allow and it shall be easy and valid.

1. In India also the process of mutual consent divorce is quick and hassle free and can now be concluded in less than 6 months. If you cannot come to India personally then you may execute a SPA in someone's favour to file the petition for and on your behalf.

2. Be that as it may, the decree of divorce passed by a foreign court on the basis of consent is valid in India for all legal and practical reasons.

Mutual consent Divorce decree by a foreign court is fully binding and enforceable in India as both the parties have submitted to the jurisdiction of the foreign court.

After getting the degree from the foreign court, you will have to get it executed by filing a petition under section 7 of the family courts act.

No it won't be valid

Of course and you should file your petition in USA.

Hello,

Do not take a no fault divorce.

Divorce, if taken legally on the grounds as mentioned in the Hindu Marriage Act will be valid. 

You may ask him to come to US once for completing the process. 

Regards 

Dear Madam,

As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law. Since your marriage was in India and your husband is residing in India, you have to file the divorce case in India family court.

The husband resides in India and you are in the USA. The marriage was solemnized in India as per the hindu marriage act and therefore the divorce can only be granted in India. There is one situation wherein you may file a divorce petition in the USA district court Nd it may grant you divorce and the husband accepts the same by being present there. The decree so obtained may be filed in India for execution and hence in this manner you may get divorced.

Regards 

USA courts has no jurisdiction. You can execute POA in your family members (any), he/she will file divorce on your behalf on mutual basis in India.

US divorce decree to be valid in india, both of you should have either contested the divorce or should have mutually consented to divorce in the US Court

You can file a divorce petition in USA and as your husband will not be able to visit even after the court notice you will get ex Parte divorce from the court on the grounds of divorce to get from the USA you can file a naturally consented divorce petition in India in the city both you live together or in the city where your husband is living to get the divorce from Indian family court it will take almost 6 month to 1 year as both the parties are in cooperation

You have to file for a  Mutual Consent Divorce in India and show the divorce decree granted in the US.

Foreign judgements are not recognized or binding. So you have to apply for a divorce here in India.

As such you can marry after your divorce in the US. But suppose either of you challenge at a later stage, then it becomes a problem.

1. Te decree of divorce passed by the foreign court is not valid unless it has been filed and decreed on ground accepted by Indian Law.

2. The decree of divorce obtained by jointly filing the application is treated as MCd by Indian courts for which such decree passed by the foreign court is valid in India but the said decree shal have to be validated by the concerned Indian District Court  based on an application filed before it to that effect.

3. In the instant case, it will be prudent on your part to file a MCD petition in India when your immigration problem gets over.

1. As per the information mentioned in the present query, makes it clear that though you can get the divorce in US, but have to get two things clear in your kind, as follows:-

          a.) That If Both the parties are residing in US then you can go for the divorce.

           b.) That even if you file in UA and he coperates with you while not residing in US then also you will have to look for the ground like mutual etc., which is also the ground in our country, otherwise he may object to it in India also to declare that decree of US court as invalid in India.

       2. Rest, you can contact me for further legal assistance, if like my answer , so that I may also search for case laws for you.

Yes its valid in India.you need to validate the same in Indian court. You can remarry