The divorce on the grounds of irreconcilable difference or no fault divorce, even if granted in your absence in USA is not recognised as legally valid divorce in India for the marriage that was solemnised in India as p[er Indian laws.

The proposed case to be filed under section 9 of HMA in India, may not stop her divorce case in USA court and even if you get a decree in India in yor favor, you cannot execute the same if she is not willing to live with you, therefore this case may not come to your rescue in any manner.

You can remain silent till she gets a decree in her favor, after which you can file a suit to declare her divorce case as null and void in India for the reason that the grounds for divorce is not a legally valid grounds as per Indian laws.

Since you have written directly to the US court letting them know your decision on the case, you can remain silent and wait for the US court to pass a decree whatever they may feel so.

As the decree is not recognised as legally valid in India, you can obtain a copy and file a suit to declare the same as null and void for the reasons as suggested.

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

2) you can file petition for RCR in india under 9 of HMA 

You should file RCR seek stay of divorce proceedings in USA as marriage is solemnised in india , divorce should be on grounds recognised by HMA 

From your question is clear that you intent do be in marriage. Even if she obtains a no fault decree of divorce, such divorce is not valid in India and there no procedure in India for validation of decree of divorce from a foreign court.

Following conditions are laid down for validity of divorce granted by foreign Court in by India by SC in case of Y. Narsimha Rao’s case (which are very difficult to meet)…

1. The court that passed the decree has to be a court of competent jurisdiction which the Act or law under which the parties are married recognises as court of competent jurisdiction to entertain the matrimonial dispute. Any other court should be held to be a court without jurisdiction unless both the parties voluntarily and unconditionally subject themselves to the jurisdiction of that Court.
2. Decision of foreign court should be on a ground available under the law under which the parties married and decision should be result of the contest between the parties. Many other conditions are mentioned but it is not necessary to look into all conditions as above two are sufficient to question the divorce decree from a foreign Court. You need only to deny the jurisdiction of U.S. court that will invalidate the decree of divorce obtained by her.

Your second question: it is futile exercise and waste of money to file any Section 9 petition. For two reasons…

1. A decree obtained under Section 9 is not worthless as no court can force a spouse to join the other.
2. If she fails to join for two years after decree, you will be entitled to file and obtain divorce. Such decree will ultimately leads to divorce.

There is no need to do anything in India if you are not interested in divorce. When she tries to enforce the decree of divorce, you can successfully challenge it.

As all kids are above five, you are entitled to their custody under Section 6 of HMGA. 

That decree needs to be validated in India if you require the Admissibilty of the same in India. 

- 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. 

- Hence, if you will not appear in her divorce case in US , then the decree of divorce granted by that court in your absence will not valid in India , and legally she will remain your wife. 

- Yes, if you are in India, then you can file a petition under section 9 , even her divorce petition is pending before the US Court ,as it will have no effect in India. 

Dear client I am sorry to hear that but in this case you can obviously file section 9 of Hindu Marriage Act 1955 which talks about restitution of conjugal right.