Hello,

on what grounds the divorce was taken?

was it a no fault divorce?

1. If the divorce done with mutual consent of parties at USA and your wife is primary resident of USA only with no immediate plan to to come and settle in India then she can not blow hot and cold and take resort to laws in India.

2. it is true tat the divorce granted in USA is not recognised in India but if the parties willingly submitted themselves to the jurisdiction of USA court and they are not the ordinary resident of India anymore then the USA court order would be binding upon of both of them.

3. So if your wife continues to remain in USA then the threat made by her does not have much legal sting.

No fault divorce is not valid in India.

since you are not an Indian citizen but since you got married in India, Indian court will take cognizance of the case filed by her, if any.

Regards

Even though it was a mutual consent divorce in US, if it was a no fault divorce then it is not recognized as valid form of divorce in India.

However since she has participated in the divorce and agreed for the terms as well as she's an US citizen now, she may not be able to prove that this divorce was forced on her and that it is against law etc., at least not at this stage after over two years.

Don't worry about her threats, ask her to go ahead, which can be challenged on merits and documentary evidences supporting your stand.

You cannot do anything in India to make your divorce valid in India other than you may have to file a fresh divorce case.

But what are her threats and what is that worrying you when you are not going to visit India.

If you suspect that she may not return to US with the child then you don't give her your consent to take the child to India and you can give a letter to immigration authorities about this requesting them to not to allow the child to travel with her outside US.

Hello,

Your divorce is valid in india of it is on the ground of divorce recognized in india. However there will be no case against you in india as you both are a us citizen .

Regards

1) If you both are in USA as of now can go for mutual consent divorce otherwise your USA court divorce will be not valid in India.

2) Still you can file divorce in Indian court under Indian foreign marriage act, however still your case will take will of HMA as well.

Your divorce decree passed with consent of parties would be valid in India 

2)you  have paid her alimony as determined by court which had been duly accepted by her 

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

4) also seek injunction restraining her from taking the child to India without your consent 

Don’t give her permission to take child to India as she may not return back from India 

take legal proceedings as advised herein above 

No fault divorce petition in US is just like petition of divorce by mutual consent in india. The divorce once taken from the US court is effective and valid in India. 

1. After the dissolution of marriage wherein she was also granted alimony she has no legal remedies to adopt in India. She cannot file 498A and also cannot seek maintenance.

2. The US decree of divorce is absolutely valid in India and cannot be impeached except on the ground that it was obtained fraudulently. Since your wife was a participant in the proceedings she cannot take this ground. Hence, the decree is unimpeachable.

3. You are not required to do anything. The US decree is recognized as a valid decree in India.

1. As per the information mentioned in the present query, makes it clear that the divorce has been mutually decreed by the US court, but now wife is threatening for some false criminal/ civil legal action.
2. The ground on which the parties have got divorced, that ground should be one of those grounds which are also present in Indian Divorve law to give sanctity to the divorced.
3. Both parties should be residing in that very country at the time of divorce. 
4. So, above two conditions are fulfilled in your case as per the information mentioned in the present query, you need not to worry and don’t have to do anything as your divorce decree is valid in India also.
5. As she has been asking for your consent to take the child for few weeks to India, I would advice you to give the same and if she doesn’t turn up then file a contempt of court in US only, and that will compel her to come back and contest the case then.
6. And if she happens to file any false cases against you then you have everthing to prove that she has been harassing you for no reason.

You married in India as owr the hindu marriage act. Got divorced in the USA district court which us not valid unless both parties agree to the divorce and attend the divorce proceedings which happened in your case. Now she cannot do anything and as you are now a USA citizen you dont have to worry. Rather, if she decides to get married in India she has to file an execution application for the execution of the divorce decree in India. 

The child us a USA citizen and hence you shouldn't allow him to leave us soil.

Regards 

1. Did you get the decree of divorce in USA based on an aqpplication praying for divorce on mutual consent?

2. if no then the said divorce is not valid in India.

3. Even if the said decree of divorce has been obtained based on mutual consent, it is required to be applied before the local District court in India for getting the said foreign decree validated in india.

4. If the decree is against contested litigation, then you are required to either jointly file a MCD petition before the Indian Court which will be disposed of within 6 & 1/2 months from the date of its filing or file a contested divorce suit in case she is unwilling to jointly file the MCD petition.

1. It is not a decree of divorce mutually consented by both the parties for which it is not considered as valid in India.

2. Based on the above, both of you are considered as lagally wedded couple in India.

3. Either file MCD petition of contested divorce petition in India as per law.

Yes it valid in India. You just to validate the same in India