Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments.

Please do understand that Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.

Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.

Your wife has opportunity to file case against you and your family . The nature of petitioner whether is false or genuine is the second thing

No fault divorce decree obtained in USA is not valid in India 

2) your wife can file petition for restitution of conjugal rights and fir declaration that marriage is valid and subsisting 

1. Since USA is not recognised as a Reciprocatory country by the Indian Government, Divorce obtained from USA has to be revalidated in Indian Court.

2. Girl and her family may file complaint against you U/s. 498A and Domestic Violence Act. However there should be strong evidence for them to accuse you.

Since your marriage was performed under the Muslim personal law, in the absence of registration of marriage under the provisions of Indian laws, it cannot be said that your marriage is governed by Indian laws unless and until your marriage was registered by a marriage registrar.

If in case your marriage was registered under special marriage act in India subsequent to the solemnisation of your marriage under Muslim Personal Laws, then the proposed divorce case to be filed in USA may not be legally valid  because the USA courts generally grant divorce on the grounds of irreconcilable difference or irretrievably broken  which are not considered as legally valid grounds in India s per Indian laws for dissolution of marriage 

- 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, if you will get divorce from US in the absence of wife , then that decree of divorce will not valid in India .

- Further, as per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, if she is not interested to live with you then you can take her consent for mutual divorce in India under the Muslim Law. 

- If she not agree , then you can file a contested divorce petition in India through any POA holder. 

You can contact me , if further suggestion needed. 

It will be only valid if you validate the divorce in indian court. Without that it will not be admissible

Dear Client,

You cannot execute POA in favour of lawyer 

you should execute POA in favour of family member or friend 

he can appear on your behalf but your presence would be necessary during trial 

Yes you need to be present or give POA on your behalf to someone

- You can appear through POA before the court in the divorce proceeding 

- However, that POA should be notarized as per rule of US , and attested from the Consulate of India. 

For final confirmation both the parties to the proceedings are to be physically present before court. 

Dear Client,

                   It is not required to be physically present in India for seeking divorce through mutual consent.Relevant documents which would be required shall be requested by your lawyer from time to time, providing which would suffice.

Thanks & Regards

You can appear before the court through a POA, but your advocate cannot act as a POA in divorce proceedings.. Physical presence of both parties to the proceeding is required for final confirmation.