- Before getting reply of your query you should know that
- 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, if he files a divorce case in US , then without your appearance before the court , the decree of divorce granted by that court will not valid in India.
- Further , if he files a divorce case in India. then that may be valid after passing three months from the date of passed the decree.
- Further, if you want to live with him then you can file a petition for restitution for conjugal right in India , to direct him to join the matrimonial life with you.