1) you can file for divorce on grounds of mental cruelty but you have to prove allegations made in divorce petition 

2) please note that contested divorce proceedings take years to be disposed 

You need to get divorced in India as divorce should be on grounds recognised by HMA 

no fault divorce obtained in USA  is not valid in India 

You better continue the divorce case in India itself because the divorce even if you propose to file it in USA and get an exparte divorce may not be recognised as legally valid in India, however the divorce that you may get from a US court may help you to cancel the green card or any other spousal dependency visa cancelled. 

You may discuss all the issues involved with your advocate and take decision based on the circumstances. 

This would be the better idea that you may follow because there may not be any point in getting the divorce in USA for the marriage that was solemnised in India as per Indian laws. 

The conference call facility in the family courts have been withdrawn and not being entertained in most of the courts in India 

You may file the case through a POA agent who will take care of the same during your absence and you may visit India only during the time of deposing your side evidence. 

Your personal presence is not necessary on each date 

you can execute POA in favour of family member to attend court on your behalf 

your personal presence is necessary during trial 

you can make  application that your evidence be recorded through video conferencing 

Dear Client,

When a couple married in India are seeking a divorce in the US, it will not be a simple process as the US lawyer needs to understand the basis of the Indian family system, which in itself is unique. Also, the US lawyer needs to know the various marriage laws in India as it is community-based. The Hindu Marriage Act, Muslim Marriage Act, Dowry Act, etc., are a few Acts that need a clear understanding before handling a case.

• Being a resident of the state is important.
• Indian couples can, no doubt, obtain a divorce in the US, but they need to fulfill the residency requirements.
• If one spouse lives in the US and the other in India, it is still possible to file for divorce in the US but according to the latest Supreme Court of India ruling the grounds for divorce should be recognized by the Indian law

Indian couples married in India can initially get a limited dissolution and then the final dissolution in the US. To get a final dissolution, the grounds should be cruelty, desertion, adultery or divorce based on one year separate and apart.

The benefits of limited dissolution are that the couple can make use of the health insurance of the other or get spousal support benefits until the final divorce in the US.

Yes, Indian courts allow conference call attendence for NRI's on a special consideration.

Thank You.

Yes it's allowed in exceptional circumstances

First , you can go for divorce in Indian court.

Only highly infrastructure court has facilities for online conferencing. so kindly check in which area you are apply for divorce.

You can give POA (Parents or siblings) on your behalf to attend all court matters and final try to fix video conferencing.

- 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 you will get the divorce decree from US in her absence then it will not valid in India. 

- Hence, you can make her agree for mutual divorce in India , and if she will not agree then you can file divorce petition in India on the ground of cruelty and other grounds. 

- Further, if the marriage was solemnized after concealing the true facts from you , then you can file a petition before the court for declaring the marriage as null and void. 

- You can move an application before the India court for the appearance through conference mode. 

You can file fir divorce on grounds of mental cruelty after expiry of one year of marriage 

for Mutual consent divorce you have to stay separate for one year then file for divorce 

-  Since, you separated from her in the month of December, 2021 , then the separation will be counted from this date and hence you can file the mutual divorce / divorce petition in the month of December , 2022.

- Further, the cooling period is applied in the case of mutual divorce only , and it can be waived after moving an application before the court. 

Dear Client,

Divorce petition can be filed on any of the legal grounds in India. Once you have decided to move in the direction of divorce it is important that you are prepared for the path ahead. Basic knowledge of legal procedures is very important. You need to do your homework before filing for divorce. The pre- divorce preparations include:

1. Going for marital counseling: There are various clinics and associations that offer marital counseling to help the couples decide whether the divorce is actually inevitable. Breaking the family is regarded as the last resort in Indian society. Thus you must try to understand whether the reason for your divorce is actually valid or can be avoided.

2. Looking for a competent lawyer: Only a good lawyer can help you with the contemporary divorce laws. A lawyer is essential for taking you forward at the right track while you are fighting for divorce. It would be better if the lawyer is especially experienced in handling divorce cases. Also your comfort level with the lawyer should be good as you need to share your personal details with him.

3. Planning your future: Now when you are going to get divorced, you need to plan about various issues like financial backup, shelter, child custody, and so on. All these will take time to settle down, so it’s better to plan everything in advance.

The petition will be accepted after you show the evidence that you have been staying separately for 1 year. If there is no contact between you and your spouse for 7 years then the court will issue a divorce decree. After the parties file a joint petition, the court gives a time of 6 months to reconsider the option of divorce. If the parties do not withdraw the petition for divorce within the said period, the court grants the decree of divorce.

Thank You.

For mutual consent divorce you both should have lived separately away from each other for a period of one year or more prior to the date preceding the initiation of the divorce case. 

This is an essential criteria.

You cannot combine the previous separation to that of the present separation to compute the period as required by law to define the period of one year or more as envisaged in law for this purpose.

Yes but cooling period can be waived now so application can be filled for that