U.s citizen but wife is not giving divorce.estranged for 5 y

Sir,

Where did you get married India or USA? What customs were followed? If USA, is your marriage registered with the marriage officer? Your query can only be answered after knowing these facts.

Regards,

Abhishek Tiwari

Sir,

Your wife has a right to initiate proceedings against you in India as per the law established by Madras HC (Reiterated by SC) in R Sridharan Vs Presiding Officer, Principal Family Court, Chennai.

In the instant case the Husband was a US citizen and marriage took place in New Jersey in 2002 as per Hindu customs. The wife came back to India and initiated proceedings against her husband. The question was whether the court had jurisdiction. The fact that the husband was never domiciled in the territories of India nor is governed by the personal law of that country was never canvassed.  

Regards,

Abhishek Tiwari

Errata at corrigenda: For the lines - “The fact that…canvassed” read:-

“The question what if the husband was never domiciled in the territories of India nor is governed by the personal law of that country is still open.” 

Regards,

Abhishek Tiwari

You might want to visit this NRI Divorce article to understand the procedure of Divorce in the USA from India! Hope it helps!

1. The NRI divorce plea in the form of an affidavit that the parties should submit to the family court.
2. Mutual decision about maintenance and child custody.
3. Matter adjourned for a period of 6 months (Cooling period).
4. Parties have to present themselves over in the court for making a second motion verifying the mutual consent filed earlier.
5. The court grants a verdict.
6. If either party may remove the petition from the court, no divorce will be granted.

Find: more details of this simplified 6 step procedure for Divorce in India for NRI