I got married in 2001 and came to USA. I have been suffering
mental and physical torture and have finally decided to file
for divorce. I want to file for divorce in the US but my husband
is not agreeable to that. So if I file for divorce in USA
can my husband also file a simultaneous divorce case in India?
Snigdha, You can only take shelter under the Indian Matrimonial
Laws since you are a Indian national and also that you have
got married in India. You can file the petition for obtaining
divorce on the grounds of mental cruelty under section 13
1 (id) of the Hindu Marriage Act or under section 27 (d) of
the Special Marriage Act depending upon your Marriage registration
only in India. You can also apply for the compensation and
maintenance. - Decree or order obtained from a foreign court
cannot be a valid divorce in INDIA. With regards your query
you need to file the your papers in the appropriate jurisdiction
your place of Marriage to the Matrimonial forum only in India.