1. The divorce can not be granted by an Indian Court.

2. it has to be filed at the place where the marriage took place or where both the parties resided. 

Regards

Under which law you got married in new York. If you got married under Indian law then the divorce is maintainable. But you can file domestic voilence if you suffered the same in India. I can only guide you in detail if you explain me all the details. Contact me through kaanoon i will explain. My contact is 9a7g6g9g4e9i0f9f1a1

See since you both married in US as per US laws and getting divorce is easy in US the better jurisdiction for divorce shall be US. 

You can apply for divorce in India as per the foreign marriage act.

If you're planning to go in US in future better to file no fault divorce in US. Because in USA you can get results very fast and plus I had performed your marriage in USA.

Try to file online no fault divorce application in the last city of you were resided.

Do let me know because I work for No fault cases for NY and NJ.

Your marriage has been solemnised in US 

2) if your marriage is registered in india you can file for divorce in India 

3) contested divorce proceedings take 5 years to be disposed of in India 

4) better option would be to file for divorce in US 

Dear Client, 

You may file a divorce case India where are last resided. It will cost you Rs. 50 K in Delhi, Gurugram and Faridabad. For more visit 

Https://jaswantkatariya.business.site

Hi

As per your description you got married in NY.

and separated in NY itself  ... so its done as per US laws  now that you want to confirm it in India....

I would suggest you to file a divorce case in India and there are many many chances that you will be granted an ex-parte divorce decree.

Cost cannot be disclosed until you discuss it with a particular lawyer as cost depends on lawyer  ....

Thanks 

Yes, Contested divorce will file on the ground mental/physical cruelty and desertion for 2 years. Your plea will be that he forced to leave US and stay separated in India.

Notice will issue and quite possibility, he will not attend court hearing.  Than court will pass ex parte divorce decree. Will take a year around or little less.

Cost as per advocate fees.

If you got married in New York then the divorce can be obtained only under that civil law.

You can obtain divorce in India only when the other party is willing to attend proceedings in India.

Regards 

1. Few more information are required to suggest you in the matter appropriately.

2. Under which law you two had registered your  married in the USA? Was their a religious marriage performed by you? 

3. Did you take any decree of divorce from the USA Court or has just left him and started calling him 'My ex"?

4. If you have registered your marriage in the USA per US Act, then you shall have to file the divorce suyit in USA which will be decided fast and without much hassle.

5. If you have married in USA following religious rites and have not registered your said marriage in USA, then you shall be able to file the divorce suit in India based on the divorce Act related to the said religion i.e. Hindu Marriage act, Sharia etc.

6. If your husband refuses/fails to appear before the Court to attend the divorce suit filed by you, it will be decided ex-parte which might take 1 to 3 years to be disposed of.

6. the legal cost will vary from lawyer to lawyer and  filing the suit in India might cost you Rs. 60 K to Rs.100 K and the appearance fee might be rs. 5 K to Rs.20 K depending on the quality of the lawyer you engage.

As your marriage was solemnized in a foreign country under foreign marriage laws, you cannot file for divorce in India as Indian courts do not have jurisdiction to grant a decree of divorce in case marriage is not solemnized as per the  marriage laws applicable in India.

You will have to file for divorce in court of USA only.

You can file a divorce petition in India being a Indian national and you don't need any lawyer who is convergent in America no any matrimonial life can handle your case in case your husband do not appear before the court for hearing you may get ex Parte divorce from the husband and can go for remarriage.

You cannot file divorce in india.

File divorce petition in NY Family court.

1. Yes it is possible to file divorce petition in India if you are living in India.

2. No you don't need lawyer who is familiar with American system.

3. It will take around one year to get divorce. And it can cost you around 22k to 44k.

-  As per law, a 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 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.Ex-parte means , One party divorce.

- Hence, if the marriage was solemnized under the provision of India law,then you can get divorce after filing the same.

- If he will not appear before the Court in India , then you will get ex-parte divorce within a short period of time , and this ex-parte divorce is valid for all purposes in India. 

- Lawyers fee can not be calculated 

Since your marriage was solemnised as per American laws, in my opinion, without the marriage being registered in India as per the provisions of the special marriage act, you may not be eligible for  filing a divorce case in India. 

You may have to file the divorce case in that country only., if your marriage was not registered here in India.

1. You are free to file the petition on the ground of cruelty in India.

2. The Indian court will issue summons to him. Serving of summons outside India in matrimonial proceedings is always an uphill task. Be that as it may, if summons is served and he does not contest the case then court will pass an ex parte decree in your favour.

3. You need an Indian lawyer.

Dear Madam,

Yes you can file a divorce in India if you are by birth in India and your marriage done in India

Please find a qualified professional in the place of your residence who can give you legal advice. Where you can get a divorce depends on several factors, including where you live and how long you’ve been living there.

The fact that you’ve been separated from your spouse for more than a year could be helpful, or it could be irrelevant, depending on the jurisdiction. To be safe, make sure you’re documenting this separation as clearly and extensively as you can.

The fact that your spouse is not ready to divorce you may or may not be relevant, depending on the jurisdiction. If it were up to me, family law around the world would not give the other spouse veto power over whether the divorce can proceed, there would be no time limits (unless we’re talking annulment), no requirement to have been separated, and no arguing over grounds for divorce. But that’s not universal reality, so you’ll need professional advice tailored to your specific situation.

Finally, given that you seem to be in an international marriage, if you as an individual have the patience and ability to move to a different jurisdiction and establish residence there, you may have the option to pick a location that is best suited to your situation.