Withdrawing divorce from indian court

@ Author,


1. If you have already filed a divorce suit matter here and she is contesting it then let it hang till its natural fate as announced one day or another here in India. Your presence is required at Evidence stage only.  Let it be serviced by your appointed pleader here.

2. Any Petition or that matter any legal proceedings can be withdrawn from any Court here but by leave of the Court which is not an issue in stated nature of the proceedings but it is a simple procedure.

BUT;

1.1. If you further thinking that after its withdrawal you wish to file fresh suit matter in an USA County Court then the decree (award) of US courts are not applicable - recognised here; if not contested / represented / were made out based on our divorce grounds as per our law / not serviced from there to your wife here in Indian soils which is highly unlikely that your wife will attempt to contest your thus filed divorce suit matter there in US soils unless you have plans to give her some kind of financial support to come there and contest it.

1.2 Flip above sub para and if you are thinking that once you withdraw your divorce suit matter here, your wife will file one and get divorce ex-party then it will be divine miracle case and for that you are your wife's best thinking cap - we cannot judge that for her behalf!

I am also aware why you asked this question to us – delay and latches issues you may be facing,  but that is fun of our Rule of law here when wife files  asks for divorce then only a husband gets his FREEDOM .
 

Weigh above factual matrix and act as per your wishes now.

For the records if she has not filed any Criminal / Civil cases read with any maintenance cases here in India against you / your side of family till date then don't be so impatient instead tap your back and enjoy your life - work there whatever you are employed as being in S/W field.  atleast your annual 30 days vacation passage to India is not under RCN - Interpol watch list / Passport Impounding etc. requests from wife's side. Many NRI's - S/W Engr(s). balls are cemented by such watch and ward list and same you can read here in their various past thread post as to what I mean by this parting Igyan.

Thanks for your response. My wife is also residing in USA and we both are green card holders and living in USA for last 10 years. I filed the divorce first based on the grounds of adultery in India and I have a DNA report  to prove it. She filed a restitution of conjugal rights petition and both petitions are pending in the same family court.  She simply wants to drag the case. If I file the case in USA, it will be faster and she knows this.  If I withdraw the divorce case in India and try to file the case in USA, can she stop this any way(stopping me from withdrawing the case)?  She will surely try to stop it if legally possible.  Could  you please provide your expert opinion?

1. The clear answer is NO, she cannot stop you withdrawing your own suit matter.
2. But her RCR case will proceed as it is, in whatever stage it is.
3. if you are thinking that once you are allowed to withdraw your Divorce suit then automaticaly her RCR will get dismissed and or withdrawn then that is not the case.
 

Thanks. If I file the divorce in USA and once I get the divorce in USA, will it be recongnized by India court. Please note that she is also a green card holder and living in USA for last 10 years.  Once I get the divorce in USA, her RCR also will be dismissed,correct?

The ground on which you want to get divorce in USA court is, if available in Hindu Marrige Act, then you can file divorce petition there.  As she is permanent resident of USA and probably working there, if you serve proper court notice on her, she has to appear and contest the case in USA.  Once such thing happens, if you get divorce decree it is recognized by Indian Courts. FYI,  Adultery is a ground as per Hindu Marriage Act.  

Does the divorce ground has to be strictly needs to be available under Hindu marriage act? In USA divorce will be granted based on irreconciliable differences even if one of the party objects the divorce?  The divorce case will be mainly for dividing assets, child support,alimony,visitaion determination. If I get divorce based on irreconciliable difference in USA, will it be recognized in Indian court?

As on date, irretrivable break down of marriage is not a ground in HMA and amendment is proposed to bring this  in the main Act and the matter is still under consideration of parliament.   Hence, divorce on that ground granted in USA is not valid in India.

Ok, thanks. If I get divorce on the grounds of adultery then it will be recognized by Indian court, correct?

While the divorce case filed in USA is going on in USA and if she moves to India permanently, I will get a default divorce order even though it will not be on the grounds of adultery since she left in the middle of the case. The default divorce order I will get in this case, will it be recognized in Indian court?