Wife & i are in usa.can i file for divorce in india from usa

If you both agree for divorce by mutual consent in India and file joint petition for the same here in India than it will best for you both. Presence of one party is necessary and the other party can give POA for someone to appear and represent the other in the court. Even a joint application for condoning 6 months waiting period can be moved to satisfy the court and get divorce at the earliest. vijaymahajan5758@gmail.com

Firstly, you cannot indulge in forum shopping in this manner.  When you have already approached the US Court, then, until and unless you withdraw the same, you cannot approach Indian Courts. Proceedings for execution of Foreign Decree is different and in any case, the same will not apply to the present case.

Secondly, are you seeking guidance for yourself or your wife as you have mentioned " Or my wife should be in India to file the divorce and serve the papers? It is best advisable that the both of you reach a consensus and agree for Divorce by Mutual Consent. 

Also kindly specify Where were you married? Where were you and your wife based at the time of marriage?  

Thank you so much Vijay Mahajan Sir.

Adv Radhika Mehta,

Could you please explain what do you mean by "you cannot indulge in forum shopping in this manner"? Really I didnt understand it so please explain. If I feel that I did any mistake then I will correct it from next time onwards.

What i mean by indulging in Forum Shopping means that you cannot invite the jurisdiction of the court as per your convenience.  You mentioned that you have already invoked the jurisdiction of the US Courts but your query was regarding initiating proceedings in India too.