Uncontested No Fault Divorce valid in India?
Hi,
I am currently on India fearing to go back to USA and stay in the house with my wife. She is emotionally charged and I fear she would initiate no fault divorce which would not need participation to get her a divorce. We got married in India a decade ago and our marriage is registered in India
1. If she serves me papers and I do not appear in the US court, though I reside in US - a divorce obtained in this case, would it be valid in India?
2. If she serves me divorce papers and I oppose it in US saying that I would fight the case in India per Hindu marriage act. Nevertheless the court still grants her divorce - would this be valid in India?
3. Would the no-fault divorce which is not of mutual consent nature ( like pt 1&2), have any bearing on the distribution of the property in India. Could she claim my property?
4. Would the no-fault divorce which is not of mutual consent nature ( like pt 1&2) - have bearing onchild custody?
5. Could I initiate divorce proceedings against her easily from India in Indian courts. Does that require I stay in India till the completion of case?
6. We have a child- a US citizen. Being and residing in India, could I ask for his custody from Indian courts even though he is usa citizen.
7. What is he quickest way to get divorce in India against a spouse who is residing in USA.
Thank you for your guidance