- Best way would be mutual divorce in India. It will be 15-20 days proceedings with two appearance in court, rest lawyer will handle.

- Even if you take divorce in US you will have to obtain divorce decree from India court so better to apply at India court.

Regards

Vivek Arya

No fault divorce is not valid in India 

2) however if your wife participates in divorce proceedings and agrees for divorce it would be divorce by mutual consent and would be valid in India 

1. No fault divorce has no legal force in India, more so, if it is granted ex parte. Hence f your wife is willing for divorce then this is not a good option.

2. Rather file a petition for mutual divorce and get it decree in India. In this both of your physical presence in mandatory but only on the occasion of final motion/hearing.

No divorce decree issued in foreign soil is valid in India until and unless it is rectified by the Indian family court for this purpose you have to file a divorce petition in Indian family court on the grounds of the previous divers degree you have from United State for the rectification by the court it might not take longer period like the normal diverse petitions in the family court and you will get your Diagnostic rectified and aplastic Re will be issued by the family court in India

Of she is agreed with you then no fault divorce is ideal. Otherwise you need to pursue divorce in India

Yes, Mutual Consent Divorce is valid in India. You both can sign MOU for MCD and take US court signature on it.

No fault  divorce is not a Mutual Consent Divorce its order as per US law so it will not be treated as divorce in India.

Better you get prepared one MOU and submit in US court face to face and take signed by US court judge.

A decree of divorce passed by foreign court qua citizens of India cannot be successfully impeached in India if sufficient opportunity of hearing has been afforded to the respondent spouse.

See if you want to separate with least Hassel's then mutual divorce from Indian court or US court is best option.

 You both file mutual divorce and she consent to same before the court then in that case the divorce shall be valid . A joint petition for mutual divorce can be filed and a decree of divorce can be obtained.

Dear Sir,

Yes, you can file for divorce in US. It will still be valid in India. ... If you can convince your wife to agree for mutual consent divorce (No fault divorce in US) and both of you attend the divorce proceedings and obtain no fault divorce decree, then it shall be valid in India.

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. It can not be contested in India unless it is without the consent of one party. It means if both husband and wife seek divorce jointly then it can not be challenged by either party.

 - As per law, a Mutual Consent Divorce granted by US Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted , then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.

- Hence, no fault divorce is also not valid in India. 

- If, you both agree for divorce in USA , then you should file a mutual divorce there. 

- Further, if she wanted divorce after coming to India , then she can get an Ex-Parte divorce from India , in your absence, and which is vaild as per law, till the time , you will challenge the same. 

Good luck and dont forget to rating Positively. 

The 'no fault divorce' decree granted by US court is not legally valid or recognised as legally valid divorce for the marriages conducted in India as per Indian laws.

You may consider it as a mutual consent divorce, however you may put efforts to remove the word'no fault divorce' in the decree and instead you can request them to add that the marriage has been dissolved ion the grounds of mutual consent for incompatible or difference of opinion as reason for mutual consent divorce.

This is a valid ground and it can be recognised as legally valid divorce.

If this is not possible then you may file a mutual consent divorce in India on the same grounds and if you have been living separately away from each other for a period of one year or more preceding the date of filing the divorce petition, then you can, after a week of filing the divorce petition, can aopply for waiver of 6 months waiting period by filing a joint affidavit and get the marriage dissolved within  10 days from the date of filing the divorce.

Therefore yo may decide accordingly.

1.  YES, the mutual divorce proceedings papers /consent affidavit would be valid enough for court proceedings,  "PROVIDED" Wife executes the same before the consulate /embassy office in India, with proper endorsement of the authorities signature & stamp/seal.

2. Divorce decree granted by US or India, is valid perpetually without any location jurisdictions.

1. If obtaining divorce from USA, both husband and wife have to attend the proceedings.

2. If one of them abstains, then even if the court pronounces favourable exparte decree, it's not valid in India.

If she agrees, US divorce order is fast remedy without any complications.

This kind of divorce would not be valid in India as the ground for divorce decree by foreign courtshould be legally recognised as per section 13 of the Hindu Marriage Act and no fault divorce is no fault is not a valid ground for divorce under Hindu Marriage Act.

Moreover, Summons are order of the court to appear before it on the set date and there is no provision to send back signed summons to the court instead of appearing.

You can file for mutual consent divorce in India where in you can also file an application for waiving off the cooling period of 6 months.

if both husband and wife seek divorce jointly then it can not be challenged by either party and it is valid. 

1. You shall have to jointly file the MCD case in USA since it is the condition for validating the foreign decree of MCD.

2. You shall have to get the said decree of divorce passed by the USA Court validated by the appropriate District court in India by filing an application to that effect.

The Ex-parte divorce from US court will not be considered valid in India.

You should come to India and file mutual divorce petition it will be easiest way to get divorce or get Ex-parte divorce in US.

Then file suit for declaration of divorce in Indian court on basis of divorce from US court.

Your divorce decree should mention that marriage has been dissolved by mutual consent of parties 

divorce by mutual consent would be valid in India 

mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure. 

The mutual consent divorce should not be mentioned the wordings or phrase'no fault divorce'.

the phrase 'no fault divorce' is not recognised as legally valid divorce as per Indian laws.

See if wife also agree for the divorce and same is recorded in her presence in the divorce Order then same is mutual and valid. 

You should file a petition for mutual consent divorce in court abroad, in order to make the same enforceable in India. 

Any other form of divorce recognised by Hindu Marriage Act and is contested would also be valid.

You need to validate the same in Indian court

Have to file execution petition in Indian court for validate US court order passed ex parte.

1. You shall have to jointly file the said divorce suit wherein you shall have to mention that both of you have consent for the said decree of divorce and have no allegation against each other.

2. You need not mention MCD any where in your petition but the essence of your said jointly filed petition should be that both of you are agreeable for the said divorce decree and the hearings should be attended by both of you. 

Dear Sir,

How to Write a Divorce Petition

How you’ll write a divorce petition will primarily depend on where you live. This will also determine the name of the document. Here are the general steps you’ll use:

1. Create the header. This generally reads IN THE DISTRICT COURT OF [COUNTY] OF [STATE]. Some states use other terms for the court other than “district,” such as "Supreme Court" or "Superior Court." Make sure that you have the proper name for the court that handles divorces in your state or county.
2. You’ll use IN RE: The Marriage of [Petitioner’s Information] AND [Respondent’s Information] on the left side of the page. On the right, you’ll have a space for a case number that will be assigned by the clerk's office. For the petitioner’s and respondent’s information, you’ll need the full legal name and full address (including zip code) even if the parties still reside together.
3. Next, you’ll need the age of the petitioner because the petitioner is the person filing for the divorce.
4. Depending on your jurisdiction, you may also need to list the petitioner’s social security number or at least the last four of it.
5. Next, you’ll list the job title and employer of the petitioner. This includes the address of the business.
6. Now, you’ll list how long the petitioner has lived in the county where the divorce is being filed. This is done in years and months. For example, 5 years and 2 months.
7. List the date that the parties were married and where the ceremony took place.
8. You may also need to list the date that the parties stopped living together.
9. List whether there are any children born or adopted into the marriage. Right now, it doesn’t matter if they are minor children. If the children are adults, you would state that the children are over the age of 18 or 21.
10. List whether the wife is currently pregnant.
11. For every minor child, you’ll list their name and date of birth.
12. List the reason for the divorce.
13. List whether the parties have entered into a signed separation agreement. If so, the date that it was signed should be listed. The agreement should be attached as an exhibit for the court.
14. List whether the parties have a signed divorce settlement agreement. If so, the date that it was signed should be listed. A copy of the settlement agreement should be attached as an exhibit for the court.
15. If there is a marital residence, lists who owns it. It may be owned by one spouse or both.
16. List whether there is “divided interest” in the marital home and any other real estate owned by the spouses together. If yes, give the full address of each property.
17. Tell the court whether the spouses have agreed to sell the property owned together and split the proceeds.
18. Each party will need to complete a financial statement and turn it over to the court to show their income, expenses, assets, and liabilities.
19. If the respondent consents to the divorce, the jurisdiction may allow them to waive their appearance. This is known as an uncontested divorce. However, you need to check with the court and determine what you’d need to do to include the proper language. This is generally done with an appearance waiver.
20. List the date that the petitioner filed the divorce.
21. Create and use a notary acknowledgement form that is signed in front of a notary. This should be done for both spouses if they both consent to the divorce and want to get it over with as quickly as possible by state law.
22. Create a decree of divorce that basically contains all of the decisions made in how assets and debts are divided, who will keep possession of the marital home, and whether the wife will change her name. Support and custody are generally addressed in a marriage separation agreement or a divorce settlement agreement. The judge will sign off on this order.