1. Since USA is not a Reciprocating Country, contested divorce obtained from USA can't be legally enforceable in India, except mutual consent divorce.

2. You are advised to file for divorce in India based on cruelty and harassment.

3.  The most preferred option is to convince your husband to agree for Mutual Consent Divorce by which lot of time and money can be saved, as also division of assets , custody of children can be mutually resolved. 

Dear client I am sorry to hear that in this case you can go ahead and file for the ground of domestic violence and abuse and also it is a valid ground for speaking a divorce and you would would not face any issue

It is better you file for divorce in India as marriage was solemnised in India 

2) file for divorce on grounds of mental cruelty 

3) if you file for divorce n uSA file on grounds recognised by HMA 

You can rely upon emails , messages , audio recordings to prove your case 

2) also police complaints if any filed against husband 

3) engage a lawyer to file petition for divorce in india 

4) if you are unable to appear on each date execute POA in favour of family member 

5) your presence is necessary during trial to lead evidence 

1. If you are going with contested divorce, then you have to have demonstrable evidence of the accusation.

2.  In case both of you opt for Mutual Consent Divorce, then the custody of children can be sorted out mutually. In case of contested divorce, the custody of child would be given based on the affordability of the parent as also if the child is below 5 years, normally the custody would be given to the mother.

3.  Entire online divorce proceedings are yet to start.  You can appoint someone like your parents or sibling to represent you in the proceedings by giving them POA. However, for one or two hearings you have got to be physically present in the Court.

The decree of divorce granted by a court in  USA in a  contested divorce case would be for the reasons 'irretrievably broken down' or 'no fault divorce'  are not recognised as legally valid divorce for the marriage  solemnised in India as per Indian laws.

Therefore if you really want to part ways with him in  legal manner, you can file a divorce case in India and get your marriage with him dissolved by a decree of divorce.

You can gather the evidence of his acts of cruelty including any substantial evidence through social media namely sms or email or face book or any other means.

In fact the pleadings made in the divorce petition about the events happened within four walls are also considered as valid evidence. 

You can file the divorce by giving power of attorney to any close relative back in India who will represent you during your absence and you can attend court at the time of evidence deposition.

Dear client,  

If you are considering filing for divorce, it is important to collect evidence that supports your case, such as evidence of your spouse's infidelity or neglect of the child. This evidence can be useful in court to support your claims and help you obtain a favorable outcome. However, you should consult with a local family lawyer to determine the specific types of evidence that are admissible in your jurisdiction.

In terms of child custody, the court will consider a variety of factors in determining what is in the best interests of the child. This may include factors such as the child's age, health, and educational needs, as well as each parent's ability to provide for the child's physical and emotional needs. If you are working full-time, you may need to demonstrate to the court that you have adequate childcare arrangements in place to ensure that the child's needs are being met while you are at work.

To start the divorce process in India, you will need to file a petition for divorce in the appropriate court. The specific requirements for filing for divorce may vary depending on the jurisdiction, so you should consult with a local family lawyer to determine the specific requirements in your area. In some cases, it may be possible to file for divorce online, but this will also depend on the specific procedures in your jurisdiction.

If you are unable to appear in person for the court hearings, you may be able to appear by video conference or telephone, depending on the specific procedures in your jurisdiction. Again, you should consult with a local family lawyer to determine the specific procedures that apply in your area.

Better you can go with Mutual Consent Divorce in the USA. Because same order of Mutual Consent Divorce will be valid in the Indian courts.

In US,  u will get divorce easily and fast on the ground of domestic violence and irretrievable breakdown of marriage.

Better apply in US only and also for child custody.

Yes you can get the divorce but it will not be admissible in India 

- You should know that , 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 he is ready for mutual divorce then you can file a joint petition in US court for getting mutual divorce and that will be valid in India. 

- Further, if not agrees then you can file a contested divorce petition there on cruelty grounds , and if he contest the case then the passed decree will be valid in India. and if he not appear after getting the summons of that court then that decree of divorce in his absence will not valid in India. 

- Further , you can also file this cases in India as well , after giving POA to any relative . 

Indian family law and US family laws are different . If you want the benefit of Indian law then follow it .You can file divorce case against the husband as per US law. But all the decree from US is not valid in India .

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.

Under Section 13(e), Civil Procedure Code, the foreign judgment is open to challenge "where it has been obtained by fraud". Fraud as to the merits of the respondent's case may be ignored and his allegation that he and his wife "have lived separate and apart for more than three (3) consecutive years without cohabitation and that there is no possibility of a reconciliation" may be assumed to be true. But fraud as to the jurisdiction of the foreign court is a vital consideration in the recognition of the decree passed by that court.

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.

If your husband has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

Recognition of decrees and orders passed by foreign courts remains an eternal dilemma in as much as whenever called upon to do so, Courts in this country are bound to determine the validity of such decrees and orders keeping in view the provisions of Section 13 of the Code of Criminal Procedure 1908 as amended by the Amendment Act of 1999 and 2002. The duty of a Court exercising its Parens Patraie jurisdiction as in cases involving custody of minor children is all the more onerous. Welfare of the minor in such cases being the paramount consideration; the court has to approach the issue regarding the validity and enforcement of a foreign decree or order carefully. 

The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute