Married in India, settled in USA and looking for Divorce?

The Indian courts do not recognize the decree passed by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.[2]
This means that the decree:

• Is not pronounced by a Court of competent jurisdiction.
• Has not been given on the merits of the case.
• Appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable.
• Was obtained opposed to the principles of natural justice.
• Has been obtained by fraud.
• Sustains a claim founded on a breach of any law in force in India.

A decree passed by a foreign court may be challenged and declared null and void in an Indian court on the basis of the above conditions.

Yes, NRIs can file Divorce cases in India and filing a divorce petition in India is a much smoother and safer route as marriage took place in India.
For purposes of appearance in court proceedings, if one party is unable to come to India, then there are two options which could be granted by Court:

• A power of attorney can be accorded to any person. This person should preferably be a family member.
• Proceedings can be initiated via Video-Conferencing.

The answer is NO - It’s not necessary for the couple to stay in India till the case gets over. They can simply execute a Power of Attorney in favour of another person after the presentation of the plaint. However, sometimes in case of Mutual Divorce, it is important to be physically present at the time of final judgement.

It is important to keep in mind that divorce decrees passed by Indian courts are valid in other countries just like marriages that are registered in India are valid in foreign countries. Basically, no foreign court is going to question if the decree passed by an Indian court on a matter of divorce of a couple married in India is invalid.

The divorce decree needs to be recognized in the foreign country if the couple jointly owns property in that country. Such recognition is gained by filing a petition for recognition in such country in accordance with their laws. This is the last legal requirement for finalizing a divorce in case the divorcing individuals are non-resident Indians.