The no fault divorce in US is not legally recognised or valid in India.

You can get a mutual consent divorce for the incompatibility as a reason for this divorce.

Whether you beget the child either before divorce or after that, you shall be the biological father of the child.

The child will be your legitimate child hence it will be entitled to all rights as your son

You can have a no fault divorce in USA. But child support thing is correct you may face issues. Divorce with Mutual consent will be ideal in india

Illegitimate child entitle to same right of child born out of valid marriage.

In US divorce will easily grant but wife challenge the divorce decree in India. And as per US, properties are equally divided between parties upon divorce.

Mutual consent divorce decree may be valid in India but not one sided.

Even after divorce you would be liable for child support 

you should file for divorce in India 

no fault divorce obtained abroad is not valid in India 

1. Under the Indian law you will be liable to maintain your biological child even if he is conceived after the dissolution of marriage.

2. The child will be your Class 1 heir under Hindu Succession Act.

3. Divorce decree passed by a court in USA will be valid in India for all legal and practical reasons. It is at par with a decree passed by an Indian court.

1. Even if you divorce first and your wife conceives later ( due to mutual understanding ), still you will be liable for child support money, maintenance, share in your ancestral property, etc..

2.  Divorce obtained from US Court is not valid in India, except mutual consent divorce. It's suggested to obtain divorce from Indian Court only.

If you go for Mutual Consent Divorce in the USA and mention all Terms and Conditions in the MoU. that after Divorce she wants to conceive from you and have a child. Whole custody will be her and she can't claim any property or alimony or child's maintenance for education and day today living expenses etc. 

1. Parents are responsible maintenance of child whether before and post marriage. 

2. Being a father your life should be devoted to bringing up the child whether divorce occurs or not. Do not avoid this pious obligation. 

3. Regarding divorce, don't go for it on foreign soil.  Get it done in India to avoid future complications. 

1. See the child born after divorce will be your biological child and as per indian law he may claim maintenance and also share in the ancestral property. 

Further in case you are married in India proper jurisdiction for divorce is India.

If you have a baby....either being married or divorced, you being the biological father of the child will have all the responsibilities towards him.

I didn't get that you guyz are planning a kid and divorce simultaneously. 

CHOOSE ONE...

Don't do that. If you want divorce just file the petition and proceed ahead. Also if it is a mutual consent divorce then file in USA. If contested divorce case then in USA as in India it would drag on.

Better option is to file and obtain Mutual Consent Divorce (MCD) in India.  It is cost effective and can be obtained around 6 to 8 months (during regular course).

Maintenance of children is duty / responsibility of Father.  If male child, he has to maintain the child till he attains age of majority.   If female child till she gets married / till she becomes self sufficient to support herself.

Divorce obtained in USA is not valid in India.

- Yes, you are right , if you have a kid before marriage , then you will have to bear the maintenance etc. 

- Further, even after divorce , you give her a kid , then also that kid can claim from you legally in India. 

- As per law, an illegitimate minor children who are unable to maintain themselves is entitled to take maintenance . 

- Further , for the divorce you should know the law as below: - 

• 
   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. 
• Furtner, Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court. Ex-parte means , One party divorce. 

1. IF child is born before Divorce, THEN child is legitimate and you are liable for Child Maintenance till child attains 18 years of age.

2. IF child is born AFTER Divorce, THEN is illegitimate and you are liable for Child Maintenance till child attains 18 years of age and child has inherent rights on his biological father's properties.

3. Obtaining Divorce in US is far easier than obtaining Divorce in Indian Family Courts.

Dear Sir,

You are suggested to not in the words of the wife before and after the death because it may be nothing but a trick to fix you. Thus, be straight forward and get the proceedings done in USA itself. 

1. You shall be liable to maintain your child be he/she born during your marriage or after your marriage.

2. After child birth she might refuse to sign the MCD petition and in that case, you shall have to pay maintenance for both your wife and child, in case he separates from yourself and applies for the same.

as a biological father you are liable. 

Both of you can file a divorce in USA . the decree awarded by the US courts are valid in india. However indian law does not permit ex-parte decree's. In order for the 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.

Dear Querist

The child born before the divorce or after the divorce shall be your responsibility as per Hindu law, if the child is a boy then till 18 years of age you have to support him, in case, the child is a girl then till her marriage you have to support. if you are not able or willing to support the child then forget about the child.

the Mutual Consent divorce decree issued by the US Court shall only be valid in India and not other. even after granting divorce by US Court, you have to file a civil suit for a declaration before the Family Court in India so that court recognized this Decree as valid.

it will be better for both of you to file the divorce case in India if the personal presence is not possible than file the divorce petition through the Power of Attorney Holder.

Feel Free to Call

1. Yes you will be held liable for maintenance of child even if your wife conceive after getting divorce from you. 

2. It doesn't matter that divorce is from India or US if you are going for mutual consent divorce.

3. I will suggest you to go for divorce without having the child. 

1. As per the information mentioned in the present query, makes it clear that though the marriage was done in India, but at present both are living in US.
2. I would like to apprise you that one condition of being therein the same country for both the spouses to get divorced is already there in your case for making it valid in India.
3. But Make sure that the second condition also gets in there which is the availability of the ground in India under which the divorce decree will be passed in US.
4. Yes, you will be liable for all the responsibilities of a father.