Best option is to file for divorce in India 

2) execute POA in favour of family member 

3) have it attested before Indian consulate 

4) your virtual presence through Skype is is sufficient 

5) if at all you file for divorce in USA it should be by mutual consent 

6) no fault divorce obtained abroad is not valid in India 

A divorce petition must be filed in the US district court on grounds of "no fault". If both of you are ready to divorce each other by mutual consent the divorce would be a valid one in India.

Regards.

Apply for a no fault divorce in US, lest your husband is also ready for this mutual divorce and separation.

Such proceedings of no fault divorce, in which your husband fully participates; the verdict there of is valid in India.

- The best option is to file for divorce in India. It is possible to have divorce using video conferencing.
Also you again have to get it validated from Indian court later. so it sometimes become 2 step divorce.

- if you still want to file for divorce in USA then it should be Mutual Consent Divorce.

- You both execute separate POA in favour of family member.

- Get POA attested from Indian consulate an send to family member.

You both can go with mutual consent divorce in the USA.

1. Since divorce granted in USA would not be recognised in India , it is advisable to file the same in india.

2. To file such divorce suit in India your presence  in India is no more required and you cnas end the same by post from USA to India for filing it.

Generally the US divorce is granted on a legally flawed under general and divorce laws in India,

The ‘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.

Even the mutual consent divorce granted in US would mention that it was on the grounds of no fault grounds.

Therefore if he is agreeing for mutual consent divorce to be filed in India, yo both can authorise one from  each side to act as your power of attorney agent to sign and present the divorce papers before court for the first motion on your behalves. 

You both can travel to India rto confirm your divorce decision during second motion before court on the date fixed for second motion after six months, by which the current pandemic situation may subside and things may return to normalcy 

1. Since both of you reside in US you can file petition for dissolution of marriage in US itself. The court is US having territorial jurisdiction to hear the petition would have the subject matter jurisdiction as well to pass a decree of divorce to dissolve your marriage.

2. The decree of US court will be valid in India if it has been passed after service of summons on your husband and is either a mutual consent divorce decree or a decree passed in contested proceedings on a ground which is substantially similar to a ground for divorce under the Hindu Marriage Act in India.

Much depends on your husband, if he is ready for divorce on mutual consent, you both can go for “no fault divorce” if the State in which  you reside is “no fault divorce State.” Both should appear in court for divorce motion. Such divorce is very much valid in India. In Narasimha Rao vs Lakshmi the Supreme Court of India has declared such divorce valid and enforceable in India. If he is not ready you can go for contested divorce and if notice of divorce from Court is duly served on him such divorce is also valid as per above judgment.

Dear Ma'am,

1) If you and your husband both are mutually interested in getting a divorce you should apply for mutual consent divorce as the same would be valid in india.

2) If the matter is of contested between parties in foreign US Court, and after due adjudication and trial, divorce is granted by the foreign Court, same will be valid and binding in India. However, it is necessary to be kept in mind that ground which parties seek to obtain divorce should also be available in India. 

3) Another option with you is that If you wish to apply for divorce in India you can also do so by executing a GPA in favor of any of you relative or parents etc, so they can file for divorce on your behalf.

4) Do not seek divorce on ground of irreconcilable differences as it is not a valid ground for divorce in India.

Thank you

1. Since US is not recognised as a reciprocatory country by Government of India, it's advisable to obtain divorce decree for a Hindu couple from Indian Courts only, as US does not recognise the grounds under which a Hindu couple can get divorce. Mutual Consent Divorce in India saves time and money and amicably all disputes can be resolved between husband and wife.

2.  However, if there's a divorce similar to the Mutual Consent Divorce available in India, in US, then the divorce decree obtained from US Court has to be revalidated in Indian Court, provided both husband and wife participated successfully in the divorce process and the decree of divorce was not a ex-parte.

Yrs you can get divorced in USA as per their laws. But the divorce decree will not be admissible in India unless validated in Indian court

Is your husband agreeing to the divorce?

1. Both of you shall have to file a divorce petition before the USA Court on mutual consent.

2. Mutual Consent Divorce decree passed by Foreign Court is valid in India provided it is validated by the Indian Court.

3. Finally when you come to India, file an application before the local District Court praying for validating the decree of divorce passed by the Foreign Court which was mutually sought  by both of you.

- 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. 

- Hence, you can take his consent for mutual divorce , and file a joint petition in US on the ground of mutual consent , and the decree passed by that court will be valid in India .

- Otherwise , if he not agrees for mutual divorce , then you can file divorce petition there as well. 

Dear Madam,

Indian Courts accepts all divorces awarded by the Foreign Courts except ex parte divorces. If both of you surrender before US Courts and get divorce then it is recognized by Indian Courts. Nothing to worry. 

Even if it is mutual get it approved in india.

Regards 

G.Rajaganapathy 

High Court of Madras