Foreign mutual divorce- valid in india
Kittu
(Querist) 07 March 2015
This query is : Resolved
Hi,
I got married in 2014 Dec and currently residing in US. My wife did not join me here after marriage and is currently in India. We registered our marriage under HMA.
We want to mutually divorce. If I move a petition in US and she gets summons in India, how can she ensure to respond to it in a way that such a divorce is accepted in India? Would she need to travel to US to ensure that she represented herself? Or is it that she responds via mail, agreeing to terms and conditions and then that is acceptable as submitting to jurisdiction?
Kappil Cchandna
(Expert) 07 March 2015
Dear,
I think she will have to travel and appear in person .... Why don't you ask her to file it in India and get it done here ..... And you can be represented by a layer in India ....
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 07 March 2015
In USA the verbal consent of wife through phone is considered as valid consent and for this she neither need to physically appear nor engage any lawyer.
However of she is reluctant to do so in USA then file the same in India for own sake.
Rajendra K Goyal
(Expert) 07 March 2015
Better file divorce by mutual consent in India.
If she is ready to travel to USA you can file divorce there. It would be a costly affair, you have to pay half of your martial assets to her and heavy legal expenses.
ajay sethi
(Expert) 07 March 2015
wife can send her response to court that she has no objection to divorce by mutual consent . let it be in form of affidavit duly notarised and submit it to court . divorce decree would be valid in india
SAINATH DEVALLA
(Expert) 07 March 2015
If U really want to get divorce,better file it in India,but U should be prepared to spend UR valuable time at the gates of the respective courts.
malipeddi jaggarao
(Expert) 07 March 2015
Senior expert Mr.Barman's advice appears to be more suitable.
T. Kalaiselvan, Advocate 
(Expert) 10 March 2015
Advises and opinions of learned experts Mr. Devajyoti Barman and Mr. Ajay Sethi seem to be more appropriate, you may follow that or fly down o India twice for mutual consent divorce, the first time for first motion and the second time for final hearing on the issue.
