You have to file petition under section 7 of family court for declaration that marriage is dissolved by US divorce decree

2) you can execute POA in favour of family member if you are unable to come down to India 

3) on account of COVID it may take time for validating US divorce decree 

If you are Hindu and if your marriage is performed in India as per Hindu Religious customs or even otherwise... your Divorce obtained at USA is valid if both of you voluntarily agree for the jurisdiction of New Jersey court and apply for divorce on mutual consent or any ordinary recognized method available in India. 

as per your narration you both voluntarily agreed for the jurisdiction of New Jersey court and obtained divorce on mutual consent, your divorce is valid and need not again seek any further recognition unless your wife disputes or disagrees for the US divorce. 

for further clarification your can refer to the judgment of the Hon'ble Supreme Court of India in the case of

Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451

1. There is no way Indian courts recognise a foreign decree though you can file a suit for declaration on this account. 

2. NA

3. NA

When you are concerned about Indian court then I wonder instead of applying it in India why you got divorce in USA.

The divorce decree is recognized in India as you both consented to the divorce. An execution application should be filed in Indian courts.

- 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. 

1.Hence if the US Court has granted the divorce decree on the mutual ground , then it is valid in India and not required recognition from India court.

2.  Yes, at the time of final statement , your presence is required. 

3. short period , if application moved on urgent basis. 

Hi, the Divorce obtained in USA is valid in India. Provided both the parties are participate in the proceedings before the US Court. There is no need to get recognize in Indian Court.

Dear Sir,

1) Under CPC Section 13 foreign decree are valid and recognized in India.

2) The condition is that the ground of divorce in the decision of the foreign court should be a ground available under the Hindu Marriage Act, 1955. For instance, if the ground of the foreign decree was cruelty on the applicant, this would be acceptable, as “cruelty” is a stated ground under the Hindu Marriage Act, 1955. But the same cannot be said for “irretrievable breakdown of marriage”, as this is not a ground under the Hindu Marriage Act, 1955.

3) If  the ground for your divorce is mutual divorce, which is available under Sec 13 B Hindu marriage Act, the decree of your divorce will be valid.

4) You don't need to get it recognized.

5) If you fear your ex wife will create problems in future then you can file for execution of divorce decree.

6) You can do it through GPA if you cannot come. 

7) Executing GPA also will require embassy Attestation, the process will take some time if you file the petition.Though you don't need to if its just for recognition.

Thank you

Under Section 13 of Civil Procedure Code, 1908 foreign divorce decree is recognized and is considered final and valid in courts in India, unless…

• has not been pronounced by a Court of competent jurisdiction;
• not has been given on merit of the case;
• founded on incorrect view of international law;
• opposes to natural justice,
• obtained by fraud;
• claim is founded on a breach of any law in force in India.

A no fault divorce decree is something like decree of divorce by mutual consent under Section 13B of Hindu Marriage Act, 1955 and can be obtained if the parties are not living together for one year. Under no fault decree if there same precondition as to living separate for one year such decree can be validated in India. Decree of such divorce has to be presented to the Court by both for validation. As it is just validation it should not take more than 3 months.  

General Principle of Law (Section 13 CPC). A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws

Foreign court granted divorce on a ground not recognized by Indian divorce law. Where the foreign court has granted divorce based on ” ‘irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground’ then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law. Therefore, people from India getting no fault divorce in US can find that their foreign divorce may not be recognized by court in India and still married to the other party.

In the given circumstances your divorce decree granted by an US court is not recognised as legally valid in India therefore you cannot get it recognised in India even by filing any petition.

You may have to file a fresh divorce petition on mutual consent grounds instead of handing around with the US decree of divorce for its recognition.

You have to apply for declaration of the divorce you obtained.

File it in the family court or district court.

You can file the petition through POA.

You need to validate the same in Mumbai from local court.