@ Author,
Your question in the forum has two in-built questions and reply to both of them are as follows;
1. If parties holding PR status in a foreign country then either can seek divorce there and it will be valid provided fulfilling three conditions such as; (i) party was properly served Notice of the foreign Court + (ii) party participated in proceedings of the foreign court + (iii) the decree granted is in consonance with Indian matrimonial Laws such as 'desertion' or 'cruelty' or 'adultery' to name three major divorce grounds from Indian matrimonial Laws amongst others. Divorce decrees in foreign countries are not granted on 'cruelty' or desertion' grounds. They are mostly granted on 'no fault' or irretrievable break down of marriage' or 'adultery' grounds. First two are not grounds under Indian matrimonial Laws as of today whereas the last one is.
2. If you have plan to return back to India before competition of foreign court's divorce proceedings then wife will get ex-party divorce in due course of time from a foreign court. Such divorce decree is not valid in India. But it will be valid in that foreign country and wife can re-marry abroad based on ex part decree in divorce from a foreign country. But such wife's re-marriage after an ex part divorce from a foreign country is not valid divorce in India because of law mentioned in previous para 1 i.e. three conditions of a valid divorce in India being not fulfilled by a foreign Court while granting divorce. She can be charged here in India for her re-marriage after ex part foreign divorce under Civil as well as under Criminal Laws of India. But these are too tedious processes if husband has come back to India and normally are not followed due to permission from Central Government needs to be taken TO finding address of spouse in a foreign land TO high cost of litigation amongst others
3. From your query I don’t know your inner turmoil, do you also want divorce? OR you don’t want divorce? If you want divorce then being PR status holder if your finances permits then participate in already filed divorce proceedings and get over with parties marriage (status). If you don’t want divorce from her then even living abroad you have choice not to participate in her divorce proceedings and let it go ex-part and for the same you need not have to return back to India to write a emotional Statement to that foreign Court that wife’s case be dismissed and direction be given to her to return back to India as you as in her husband has returned back to India and wants her to come to India and file a divorce case here in India if she wants divorce!!! These statements written to foreign court(s) have no value at all, the foreign court will proceed ex part against you and still grant her divorce in accordance with their Laws. In such events after coming back to India it becomes very difficult to chase ex spouse and file counter cases from India and or bind her to come back to India etc.
So untill you state reasons why you want her to come to India and file a divorce case here the second part of your question is tricky to reply to your satisfaction atleast by me, others may try their hand on your internal turmoil as it is open forum.
