Legal Question in Family Law in California

You can file in California, but when he notifies the court of the pending divorce in India and the fact that you are on notice of it, your California case may be thrown out, and you might even be sanctioned for it. Generally if there is a case properly pending in the court of another state or country, California courts will not allow a new case to go forward in California, and may make the filer pay the expenses of the other party for bringing that fact to the California court. Only if there is some jurisdictional defect in the foreign proceeding will the California courts take over.

It is possible that there is some defect in the proceedings in India that would allow a California case to go forward. Figuring that out, however, is beyond the scope of a free bulletinboard answer. I have some contacts with attorneys in Mumbai, and also associate with a California attorney who specializes in international divorce cases, although her practice is almost entirely involving US/Europe matters. If you would like us to take a look at your situation and see if anything can be done, please let me know.