When I was at Atlanta GA, my marriage was sonnised with lady who is indian origin but a US Citizen. I'm a Indian Citizen.Marriage registration was done at GWINNETT county, Lawrenceville GA. Thereafter in view of the US immigration court order I was depoted from USA. Accordingly i came to india ,thereafter the lady who married me under the US rules came to India. We stay together for about 2 years. We don't have any children. Since 1 month she insisted me leave India and search for a job in the foreign developed country (apart from USA).Since I came to India on depotation, now I'm not interested to leave India and work elsewhere. Now she left me and insisting to leave india failing which forcing me for divorce. Since the marriage was not sonnised as per the provision of the Hindu marriage Act, I'm not in a position to leave India at this juncture. Is it possible to file an application by me staying in India for divorce in an uncontested way?. What is the remedy available for this and procedure to be followed? Whether a lady can alone file an application in the US court for awarding a decree of divorce in an uncontested way and the procedure to be followed in this connection. Whether the lady is required to present in the USA for filing the petition for divorce in an uncontested way. Otherwise is there any alternative way or means available under the rules for obtaining the decree of divorce . It may be noted that both of us decided to stay separately and go for divorce in an uncontested way. Under the Indian Law system, general course or family court take a considerable time for settlement of such cases and award the decree of divorce.
I can be thankful if proper guidance can be given on this issue.
Thanks & Regards
2 Answers from Attorneys
Since neither of you live in the US, neither of you can be divorced in the US. See a lawyer in your country. You can't proceed here.
Unless your wife resides in Georgia, you cannot file here.