US citizen married Indian girl and want to divorce now

I am a US citizen. I recently got married in INDIA. But now, after 2 months, the girl does not want to be with me/ come to US. Can i file a divorce in US? Or do i need to apply for mutual consent divorce in India?

Answers (4)

326 votes

As you got married in India, you will have to file for divorce in the Family Court concerning the District in India where you got married. Secondly, as per Section 14 of the Hindu Marriage Act, 1955 one cannot file a petition for divorce within a year of marriage, therefore, you will have to wait for another 10 months and then apply for divorce in the Family Court.

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134 votes


Regarding your query. You can apply for a divorce decree in the United States and obtain the same there. It same is valid in India. You've mentioned that its only been a period of 2 months since you've been married, the laws are stringent and prohibitive in that manner in India, you can only apply for a divorce after( the key word being 'after') a period of 1 year of not residing with each other.

Unless you are able to show good reason as to why the divorce ought to be granted immediately ( exceptional circumstances) the same will not be granted. However, it's important to have a mutual divorce petition drawn up. I would also suggest you ought to inform the Bureau of Immigration that you are intending on filing divorce and that all process on the H1B1 visa is halted immediately on your wife's account.

It' seems out of place that out of two months she does not want to reside with you. Ensure that your mutual consent divorce petition is drafted taking into consideration the aforementioned steps.

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Minimum requirement for getting mutual divorce in India is pass over of minimum one year of time after marriage, as till now you can opt for the law of United States as well as you have to see the citizenship before getting divorce

198 votes

Please provide details about your marriage, religion and registration of marriage. You can file a divorce in US that is equally good as divorce granted by Indian courts if lady is not having objecting.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

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