File fir divorce in India as marriage has been solemnised under provisions of HMA 

2) contested divorce should be filed on grounds recognised by HMA 

3) contested divorce proceedings in India are long drawn affair and may take years to be disposed of 

Dear Client,

Divorce proceedings in a marriage solemnized as per the Hindu rites and registered in India cannot be initiated in foreign courts.

Thank You

It is better to file for a divorce in India, in case of a contest, more so as you say you are willing to travel.

- 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.

- Hence, you can file the mutual divorce petition in India and also in US , if both parties are residing in US OR one of you are in India. 

- Further, if you file a contested divorce case in US , then her appearance before the court is necessary otherwise the decree of divorce in her absence will not valid in India. 

A contested divorce  cannot be reopened after it reaches finality, any ex parte (non-contested) can be reopened under many circumstances. Filing divorce  in India will be best option. Visit India and file divorce case in Family Court. She can be represented by GPA and appear in Court through video conference.

Hi, If you want to file a contested divorce then you can file in India only. Suppose if you filed the divorce in USA and your wife is not participate in the proceedings then the divorce obtained in the US Court is not valid one.

1.  It's recommended to obtain divorce in India only instead of obtaining divorce from USA, as USA is not recognised as one of the reciprocating Countries by the Indian Government.

2. If Divorce is obtained from USA on the ground recognised for divorce under Hindu Marriage Act, then it will be recognised in India.

A divorce decree obtained in a Foreign Country will not be recognized in India when it is not satisfied with any of the conditions

1. Indian courts will not recognize a divorce decree obtained in the US if the grounds are not recognized by the Indian divorce law.
2. When the divorce decree is against principles of Natural Justice.

3. 1. If the divorce decree was obtained by fraud.

   In the event of the foreign divorce decree being held invalid by the Indian court, the consequence would be, as held in Y. Narasimha Rao v. Y. Venkata Lakshmi ((1991) 3 SCC 451).

   The respondent remarries, he may be prosecuted for bigamy. Case in point is

   1. 1. 1. Opposite party may file for maintenance.
         2. The issue of custody of children can be raised.
         3. Opposite parties may claim a share in the property of the respondent.

However the divorce case filed directly in India shal be in accordance to the law and the decree would be legally valid.

In USA the divorce won't take much time. The alimony/maintenance would have to be given to her. 

In India the divorce process is lengthy in case you go for a contested divorce. She won't get any alimony/maintenance as she is also earning. In case of a mutual consent divorce it will take 6 months.

In case she doesn't accept the jurisdiction of the US district court then the decree obtained by you is not valid as you married in India and HMA is applicable to you.

If you both husband and wife are living in USA as of now than you can file for Mutual consent divorce in the USA only. No need to travel in India.

If one of the spouse is living in the India and other in abroad then by mutual consent of both the parties can file MCD in Indian court or as per Indian residence party wish.

Chances Are good. You can proceed