See if the case is rejected/ dismissed then you can file a fresh divorce application in India on grounds of cruelty and desertion against your wife and can take ground of this rejected divorce also that she failed to pursue. 

You can file petition for divorce on grounds mentioned under section 13 of the Hindu Marriage Act, after the divorce case has been dismissed and the period of appeal has elapsed.

yes you can file a fresh divorce petition. 

1) if your wife divorce petition is dismissed then you should file for divorce in India on grounds of desertion and mental cruelty 

2) if you file petition for divorce in USA and wife does not participate in USA divorce proceedings then divorce would not be valid in India 

1. Has your wife filed divorce in India? If yes, then due to non-prosecution of the case by her the court will eventually dismiss it in default.

2. You are free to file a separate petition for divorce in the competent court in India on the ground of cruelty and desertion.

I am not sure why the suit is getting dismissed. it appears you did not ask for counter claim in the same divorce suit.

Had you claimed such relief then even in her non appearance the court in stead of dismissing her suit for default would have granted ex parte decree of divorce in your favour on the basis of your counter claim.

Now your only option is to wait for dismissal and file a fresh suit and start from scratch once again. 

Hello, 

if she has stopped coming then ask your advocate to file an application for giving her the last opportunity and pass the decree of divorce on the agreed terms and conditions. 

If the court is ready to grant you divorce as per your terms and conditions then there is no need to file a fresh divorce petition. As, a fresh petition will again take this much time. 

Regards 

Why file fresh application for diovrce, you can give your consent to divorce. If you will file fresh petition than again years will take.

Dear Sir,

- Under HMA 1955, the divorce petition shall be submitted at Indian court only and validity of Indian court decree shall be applicable for future property succession.

- Even if you get the ex parte divorce decree held in your favor from the overseas court, you shall have to any how can the decree validated from Indian court for future safegaurd.

Regards

Vivek Arya

If she is not interested in continuing the divorce case she filed, then the court may call her absent and may dismiss the same as default.

The court may consider that she failed to prosecute the case despite several opportunities hence it may dismiss the case  for the same reason.

After tht you can file a divorce case on the grounds of cruelty and desertion since she is living separately for more than 5 years.

1. the divorce suit is already pending in India for which you won't have to file it here again.

2. If you file a divorce suit in USA and obtain the decree of divorce, it will not be valid in India.

3. So, ask your Advocate in India to submit before the Court to pass ex-parte order since your wife has chosen not to appear before the Court.

If divorce petition has dismissed,  you can file fresh divorce petition on any grounds. 

Dear Querist

yes, you may file a divorce case against her based on cruelty under section 13(1)(ia) of Hindu Marriage Act through your power of attorney holder so that your personal presence will not be required before the court.

Feel Free to Call 

1. As per the information mentioned in the present query, makes it little clear about the status of the divorce case in India.
2. And the same is about to end, but the reason of your wife not appearing in the proceedings anymore may be the terms of the divorce decree.
3. Let her not come to court, at the end you will get the court decree in your favour on the non prosecution on part of the wife.
4. You will only be at the safer stage because of her not appearing.