Wife & i are in usa.can i file for divorce in india from usa


My wife & I are in USA. Can I file for divorce in India from USA even if my wife is in USA? Or my wife should be in India to file the divorce and serve the papers?

I already filed for divorce in USA under the gorunds of cruelty and Adultery. But my wife is not ready for mutual divorce in USA and also she is not ready to attend court hearings in USA. So after certain wait period, the American court will give divorce for me but that divorce is not valid in India because she didnt attend court date and she didnt sign mutual divorce document.

Please advise.

 
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Advocate

If you both agree for divorce by mutual consent in India and file joint petition for the same here in India than it will best for you both. Presence of one party is necessary and the other party can give POA for someone to appear and represent the other in the court. Even a joint application for condoning 6 months waiting period can be moved to satisfy the court and get divorce at the earliest. vijaymahajan5758@gmail.com
 
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Advocate

Firstly, you cannot indulge in forum shopping in this manner.  When you have already approached the US Court, then, until and unless you withdraw the same, you cannot approach Indian Courts. Proceedings for execution of Foreign Decree is different and in any case, the same will not apply to the present case.

Secondly, are you seeking guidance for yourself or your wife as you have mentioned " Or my wife should be in India to file the divorce and serve the papers? It is best advisable that the both of you reach a consensus and agree for Divorce by Mutual Consent. 

Also kindly specify Where were you married? Where were you and your wife based at the time of marriage?  

 
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Thank you so much Vijay Mahajan Sir.

 
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Adv Radhika Mehta,

Could you please explain what do you mean by "you cannot indulge in forum shopping in this manner"? Really I didnt understand it so please explain. If I feel that I did any mistake then I will correct it from next time onwards.

 
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Advocate

What i mean by indulging in Forum Shopping means that you cannot invite the jurisdiction of the court as per your convenience.  You mentioned that you have already invoked the jurisdiction of the US Courts but your query was regarding initiating proceedings in India too. 

 
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