May I file for divorce in the USA for a marriage in India

[umagiri]

California:
I am an american citizen, living in CA. I lived in India for some years and was married there to an Indian citizen under the Hindu marriage act. I am now living in the States again, as life in India did not work out for me and I need to work here and take care of my aging folks. my indina husband has no intention of ever coming here and we have been separated actually for six years. I would now like to divorce officially. Please guide me as to what i must do: i cannot return to India to do this, I need to do it from here in the States. is this possible? Thanks!

[AFFA]

re: May I file for divorce in the USA for a marriage in India

I wish to inform you that you may file for divorce in California. A marriage in India under the Hindu Marriage Act is a valid marriage under California law and you can apply for divorce. You may serve the divorce documents on your spouse in India and provide proof of service to the Court. The Court will consider all the facts and decide the matter. Further, Section 13 of Civil Procedure Code (CPC) in India provides for recognition of foreign judgment. In this regard if your US Court judgment provides you divorce after giving both parties opportunity to represent themselves and divorce is granted on a ground which is recognized in India then your divorce will be valid in India.

AFF