• Divorce in UAE

Hi , 
I am living in Dubai and my husband is in Kerala now for last 7 months . We want to do a mutual consent divorce . But as he is in Kerala as per the advocates here , we cannot do a mutual consent divorce even if both of us are ready for divorce . Hence we are going for a contested divorce here . Is this valid in India ? As per my advocate here ,once we publish in the newpaper (3times ) In India about the divorce decree granted here as per sharia law And notarize it and attest it by Uae embassy in India then this divorce is valid in India . Is this true ?
Asked 5 years ago in Family Law
Religion: Hindu

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21 Answers

Only Mutual Consent Divorce performed in foreign court are valid in India.  So kindly performed MCD or other give POA from your side through UAE Embassy of India to run divorce case in Indian court to any one of the family member or Lawyer.

 

Apply in the Indian Court for the Divorce that will be better, now a days video conferencing facilities are available in the few courts in India.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file for divorce by mutual consent in India 

 

2) you  can execute POAin favour of family member

 

3) personal presence is not necessary 

 

4) virtual presence the origin Skype is sufficient 

 

5) in alternative You can file for contested divorce in Dubai 

6)it would be valid in India if obtained on grounds recognised by HMA 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Exparte divorce decree by a foreign Court would not be valid and enforceable in India.

Only contested and mutual consent divorce are legally enforceable in which the degree has been awarded by Court abroad.

Your advocate there is not fully aware of the Indian laws as the said procedure as advised by him would not make it valid.

You can file for mutual consent divorce in India where in your presence would not be required as you can give a power of attorney to any of your friend or relative to appear in the court on your behalf. You would also have an option of getting a statement recorded by way of video conferencing in Indian courts.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

if you both are Muslims and marriage performed as per shairah then You both can apply for Mubarat through Qazi, as per shariah law 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

I would advise you this way....

Ask your husband to file a contested divorce case in kerela without any brutal allegations and you don't appear in that case. 

When you will not appear in that case in India than court will grant an ex-parte order for divorce. 

So you both will be divorced via ex-parte divorce decree 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Decree of divorce granted by foreign court is not valid in India unless it is on same provision of law as in India. 

Therefore it's wise to avoid future complications  file divorce suit in In.

If anything invalid here the same can not be legalised by mere paper publication and Consular certificate. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See you are married as per Hindu law in India , the proper jurisdiction for divorce is in India. You have to file divorce before Indian court, the divorce granted as per sharia law may not be valid in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello, 

You have mentioned you religion to be HINDU and law taken as per Sharia Law will not be valid in India if the marriage took place as per the Hindu Marriage Act


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. A Divorce Decree duly granted by any judge Court anywhere in the world is valid and legally enforceable in India, for all purposes, without any exceptions.  There is no legal need for any type of publication etc.... in India or anywhere.

2. IF you are really interested in "Mutual Consent Divorce", THEN the same can be filed in India by Husband and you may just simply send an duly executed affidavit attested by the embassy /consulate to the relevant Family Court for the purposes.

3. Based on above and your continued absence, Divorce Decree will be granted on ex parte basis, without any liability or further legal reference to you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Yes. for mutual divorce both the parties appearance is mandatory in UAE and in India as well. 

- Further , if you will file contested divorce out of India , then it will not valid in India , and the marriage will be intact .

- If you belong to Hindu religion  then such divorce of marriage is not valid in India. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Mutual divorce granted by UAE court is valid. And it is a private affair, law dose not require to publish in newspaper. 

You are wrongly been advise. You can obtain mutual divorce (khula), valid for all purpose.

Contested divorce is waste. Or better obtain KhULA and get it attested by quazi and UAE embassy.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Madam.

Whatever your advocate is saying is correct but it is also suggested that as per the provisions of the CIVIL PROCEDURE CODE OF INDIA, the orders and judgments passed by foreign courts are fully valid in India and you will be not required to go for the separate. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Any divorce petition by Indian citizens in any foreign soil is not valid in India for the validation purpose you have to file another divorce petition in Indian family court based on your divorce allowed by any foreign soil court and get the order of the family court in India

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can file for mutual consent divorce in India on the basis of poa. You need to first determine under which law you got married. Any divorce taken in foreign land is only applicable in India subject to validation in Indian court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have been misguided about the validity of UAE divorce for the marriage solemnised in India as per Indian laws.

The divorce granted in the manner what yo describe is called as exparte divorce.

The exparte divorce granted in a foreign country is not valid are recognised as per Indian laws.

You can, instead, give a POA deed to any close relative in India to file the petition for mutual consent divorce in India and you can comfortably visit India during the second motion to confirm the divorce 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Ma'am,

It is mentioned that your religion is Hindu. If your husband is Hindu as well, sharia law is not applicable at all. Also, where did you marry? Was it a marriage under Special Marriage Act?  Please provide all the details

Contested divorce in UAE will not be validly recognized in India if your husband did not participate in the proceedings. You might face problems later. 

It is advisable that you go for a mutual consent divorce in India itself. It will be a safer, quicker and cheaper option.

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You have to file a execution application here to get it validate. However would suggest you to file a Mutual consent divorce here in India.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes a talaq by pronouncing 3 times talaq on different occasions is valid as it is as per the sharia law.


Mutual consent divorce can be filed by giving a power of attorney to a trusted friend and he may represent you in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is not Khula by following due procedure it is valid.  You can file for Mutual Consent Divorce (MCD) in India and attend the hearing through Video Conference.  Already Supreme Court of India granted MCD through VC.

The option suggested by your Advocate is too costly, time consuming and NOT VALID.  Better opt for above, since both of you want MCD.  It is cost effective and will be given by competent court in India.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. You have recorded as a Hindu. so, Sharia law is not applicable in your case.

 

2. Decree of contested divorce passed by the foreign court is not valid in India.

 

3. You can get the printed Mutual Consent Divorce petition to your place sent by your lawyer in India and then append your signature thereupon before the appropriate officer of your local Indian Consulate who will attest your signature.

 

4. The said MCD petition signed by you and attested by the appropriate officer of Indian Consulate is to be sent to India for your husband's putting signature thereupon to file the same.

 

5. You shall have to appear before the Court to confirm that you still want divorce after completion of 6 months from the date of filing and hearing both of you, the Court will pass the decree of divorce on the ground of mutual consent.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Contested divorce from UAE will not be considered valid in India even if your husband agree to give divorce from Kerala. 

2. He should file a case for divorce in India.

3. Divorce as per sharia law will not be applicable in your case if you are Hindu. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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