Divorce by mutual consent obtained abroad is valid in India 

2) you can file petition in family court in India for validation of Dubai divorce decree 

1) you have to file petition under section 7 of family court act for validating divorce decree obtained abroad 

You can ask your wife to send you legal notice from her lawyer and file case against you in Indian family court. At that time you can defend yourself by replying with mutual consent divorce copy attested.

Layer can reply to legal notice on basis of instructions given by you 

Hello,

1. Yes, a lawyer that you engage in India can certainly reply to any legal notice issued on behalf of your ex wife or anyone else.
2. The divorce you obtained in UAE would be valid and legal in as far as the proceedings took into account the provisions of law that governed your marriage. It is possible for your ex wife to get a declaration by a court in India to the effect that the UAE divorce is valid.

An Extraordinary Gazette Notification on 17 January 2020, declaring the United Arab Emirates to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908.As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law

Decrees from Courts in "reciprocating territories" can be enforced directly by filing before an Indian Court an Execution Decree. 

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognised and valid in India.

So it is your duty to validate the same , you may file petition in family court in India for validation of Dubai divorce decree .

- 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.

- Since UAE court has already granted divorce under mutual divorce ground , then it is valid in India , and no need to refiled the same petition in India for getting divorce. 

Dear sir,

Please note that your divorce is already legally recognized and there is no such need to take forward the petition. However in case wants to file a case and you have to represent yourself in the court, it is advised that you give your power of attorney to some trustworthy relative who can then carry forward the proceedings on you behalf along with the lawyer. Thank you.

1) you have to file petition in family court in Mumbai for validation of divorce e decree passed by Dubai court 

2) engage lawyer from Mumbai 

The claim of your wife is not correct. Any decree pronounced by a foreign Court of competent jurisdiction, given on merit, founded on proper international law and not obtained by fraud is valid in India.  As the divorce is on mutual consent the said decree cannot be challenged in India and cannot be set aside. Therefore there is not threat of your arrest or of any legal action against you. you are safe.

if the partner contesting the divorce actively attends the divorce proceedings in the foreign court, the chances of his or her being able to later successfully approach Indian courts against an unfavorable judgment of the foreign court are very low. Indian courts, or for that matters courts anywhere in the world, do not wish to encourage court-shopping. The well-accepted universal principle of law can be stated as – If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.

Generally 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 Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

mutual consent divorce obtained outside is valid if the parties consented and voluntarily submits to the jurisdiction of the foreign court. Law on the subject is considered by Hon'ble Supreme Court of India in Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991 Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451. Please refer this, you will get clarity on the subject. 

If the divorce granted by Dubai court was on the grounds of mutual consent, on the basis of the provisions of law prevalent in India, then this divorce case is very much valid.   

In any case since she has participated in the mutual consent divorce in Dubai,  she cannot say that the divorce granted by Dubai court is not known to her. Hence as per that the subsequent marriage with another female is very much valid. 

What was the reasons stated in the mutual consent divorce granted by Dubai court?

You obtain a copy of the UAE divorce decree duly certified by the respective court, get it apostle by Indian embassy of that country and keep it safe so that in case of any dispute you may produce it as documentary evidence to prove that the divorce decree granted by a court in Dubai was with her participation and it was by a mutual consent only.

Yes you can engage the services of an advocate not only in Mumbai but also from anywhere in India.

There is no legal infirmity in it.

You can issue a reply notice through a lawyer to her legal notice if you receive one. 

The courts in India cannot ratify the divorce decree granted by a court outside India.

In Dubai, the Personal Status Court accepts divorce cases filed by individuals who are residents in the UAE.

In the UAE, divorce decree may be obtained under Sharia Law for Muslim expatriates and non-Muslims may apply provisions of Federal Law No. 28 of 2005 concerning personal status (the 'Personal Status Law') which allows them to apply own personal laws of their home country under which their marriage was solemnised. This is in accordance with Article 1(2) of the Personal Status Law of UAE which states: "The provisions of this law shall apply to the citizens of the United Arab Emirates unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law."

If you are a Hindu, Jain, Buddhist or a Sikh, you are entitled to submit the legalised translation of the Hindu Marriage Act of 1955 of India and may apply the grounds of divorce mentioned in the said law.

Further, if you are a Christian, Parsi or a Jew, you need to apply the legalised translation of the Indian Divorce Act of 1869. Those who had inter-faith marriages or had marriages only through registration (without religious rituals) may apply for divorce by submitting the legalised translation of the Special Marriage Act of 1954 of India. 

It should be noted that divorce by mutual consent granted in the UAE under Personal Status Law is valid in India.

ex parte divorce judgments granted by foreign courts may be challenged in India.

. 

1) it cannot be validated any where in India 

2) notice would be issued to wife 

3) you can execute POA in favour of family member to attend court in Bombay 

1. If you would like to have your Dubai divorce decree declared as legally valid in India you may have to file a suit for declaration to declare the divorce decree passed by the court in Dubai as valid for the reasons you rely upon. 

Your wife has to be a party to the suit. 

You can file a suit where your marriage took place in India or where she is currently residing. 

You cannot file the case in any place where you want. 

2. If she's filing a contested divorce case in India against you then you can prefer to not to appear in the case even if the summons are served on you. 

You will be set exparte and an exparte divorce can be granted in your absence. 

That is also a valid divorce 

That is what the supreme court judgment refers to. the grounds for divorce at foreign court should be any one of the grounds available for the parties seeking divorce in India. that's why court said if the parties consented and submits to the jurisdiction of the foreign court then only that foreign divorce would become valid. if either party disputes, remedy is to file a divorce petition in India on the available grounds for seeking divorce for the marriages... in your case grounds available under special marriage act. the question of validating the foreign divorce decree doesn't arise. 

please refer to sections 27 and 28 of special marriage Act.

Hello,

1. If all that your ex-wife needs is a divorce that is valid in India , you can get the divorce obtained in UAE validated through a declaration in an Indian court through a counsel in India on your behalf. However, it may become a bit difficult as the divorce was as per personal law of UAE. Neverthless as her consent was a factor, the court can be convinced.
2. Nothing can happen, if you choose not to respond to a unilateral divorce that your ex-wife initiate in Indian court. However, if you want to co-operate with a mutual consent divorce in India, you can do so by sending your consent after attesting the same at the consulate in the UAE.
3. Your personal attendance is never necessary and virtual attendance if required is always an alternate option. The marriage petition cannot entangle you or prevent your travel plan and no criminal proceedings can be initiated or you be stopped.

Please find the jurisdiction of the court for your future needs ,

Please note that the divorce / execution of Decree can be filed to the family court within the local limits:-
(1) Where the marriage was solemnized
(2) The respondent, at the time of the presentation of the petition, resides
(3) The parties to the marriage last resided together
(4) In case the wife is the petitioner, where she is residing on the date of presentation of the petition for divorce
You can file the petition in any of these places.

In your case, for avoiding further litigation's you have two options;

1. file a mutual divorce petition before family court or 

2.file a declaration suit that Divorce decree obtained from  Dubai Court is valid .

1. Technically she is right.

2.  You shall have to get the said foreign decree of divorce  validated by the concerned District Court in India.

3. MCD obtained abroad is valid is it has been obtained following the procedure laid down as per Indian Law.

4. In any case, you shall have to get the same validated by Indian Court.

5. Marrying again without obtaining a valid divorce decree can be alleged as bigamy u/s494 of IPC punishabble with jail term and fine.

Your divorce decree obtained by mutual consent is valid 

case of bigamy would not be maintainable 

3) file petition for validating divorce decree in Mumbai 

The divorce granted in a foreign country if not in accordance with the Indian laws,  cannot be validated.

However you can file a suit for declaring the divorce decree as valid decree based on the facts and circumstances which are acceptable as per Indian laws. 

You cannot file the suit for declaration by yourself without impleading her as a respondent in the suit.

You may have to file this suit in Mumbai if your marriage took place in Mumbai or in the place where she is currently residing.

You may consult a lawyer from Mumbai having expertise in this field and proceed as suggested. 

- You should take help from a local lawyer after sending the copy of that decree of divorce granted by the UAE court. 

 You shall have to get an order passed by Indian Court validated the said foreign order of MCD.

1. The decrees passed by the foreign courts are not valid in India since the same have not be validated by Indian Courts.

2. Most of the foreign decrees are not valid as per Indian law but MCD decrees passed by the foreign courts are considered as valid if the applications for the same have been filed jointly and both appeared before the Court to give consent for the same as required by Indian law.

3. In any case, you shall have to file a validation petition before the District Court of the place where she presently stays (preferably).

4. Contact a lawyer for the said purpose and you shall have to arrive at India for signing the Vakalatnama and Affidavit.

5. She will get the notice from the Court and might take the pleasure in denying the fact that she had agreed for the said NCD and  claim that she was coerced in signing the said petition, for extorting money from you.

Dear Querist

when the divorce was granted by mutual consent then there is no question of filing any case now. but if she was not available before the Dubai/UAE court then only that decree can be challenged. so there is no requirement of any validation. but if you want, only for your satisfaction then you may file a declaration suit before the court where both of you resided or where the marriage was solemnized but she has to appear before the court too. it is not possible that without given opportunity to hear, the court passes any order in your favor.

you may execute a power of attorney to any of your family members or friend who may fight the case on behalf of you.

if you are already married after this mutual consent divorce then no need to worry there is no bigamy case made out against you and your ex-wife cannot file any case against you, and if she filed then that case shall not be maintainable and liable to be dismissed.

Feel Free to Call

If your wife files for divorce india file detailed reply that marriage has already been dissolved by mutual consent in UAE , alimony paid and duly accepted by her 

Express your inability to come down to India 

2) if you receive any summons engaged a lawyer to file reply appear in court 

3) your personal presence would be necessary during trial 

4) if she files criminal case you will have to come down to India 

- You should reply the said email after narrating the true facts ,

- Further, except a court notice, you are not bond with the contents to that notice , and further there is chances for your apprehension due to her any compliant , for which you having no information.

- Legally your appearance before the court is mandatory after receiving summons of the court 

- Yes, as you already done second marriage without divorcing her legally , then there is chances for filing a criminal case like Bigamy law against you. 

The opinion given by the lawyer in Mumbai appears to be a strategy to extort more money from you due to her greedy attitude mixed with the advocate own greedy thoughts. 

Since the divorce granted by Dubai court was under mutual consent  and there is also a mention about the settlement amount including the decision about child custody, this decision of divorce cannot be nullified because it is in accordance with the Indian laws. 

If at all she is filing a mutual consent divorce on the advise of her lawyer, you may have to be present either in person or through a power of attorney agent to sign the divorce papers and be present before court  on the date of filing this petition seeking divorce on the grounds of mutual consent.

The petition for mutual consent divorce will not be entertained by court in the absence of any of the party to the case. 

You seem to  understand their lawyer alone instead of receiving proper opinions and good suggestions from forum like this, hence you may decide further course of action to be taken on your own or on the advise of her lawyer. 

First of all you do not encourage any correspondence from her.

She is desperately attempting to some how bring yo back to India, get trapped in false cases and spoil your career as well as your future in the name of pending criminal cases against you. 

She cannot file any case effectively in India in your absence and all her efforts would be in vain if you do not respond to her false criminal or civil cases.

 If you do not respond to her threats in the form of notice, she may have to toil endlessly without any fruit  unable to meet her greedy ends. 

Hence you better do not entertain her mails or phone calls, ignore everything, let she take any decision, becasue she cannot do anything about it as you have a valid divorce decree to which she is a party and had consented  to it on her own with full participation in the proceedings. 

1.  Since this divorce is by mutual consent divorce which is recognised in India as a legally valid divorce, there is no question of committing bigamy on your subsequent marriage. 

2. Firstly the court will not summons to one of the parties if the petition filed before it is by a mutual consent divorce.

The requirement for filing divorce on the mutual consent grounds is that both the parties to the case are to be present before the court at the time of filing this divorce petition. 

If it is any other form of divorce, then you may decide either to receive it or return it as if addressee is not available in that address. The courts in India would not proceed against you immediately until it is fully satisfied about the sufficient service of summons. 

In that case you may be set exparte and an exparte divorce can be granted by court which will not impact you in any manner since you already posses a valid divorce decree granted by a court of law at Dubai. 

4. For filing a suit for declaration before a court in India, the party to the suit is to be present before the court at the time of deposing evidence, hence for now it can be filed even without your presence, but you may have to sign the papers as well as vakalatnama from Dubai and gt them attested by a notary public of that country before sending it to your lawyer in Mumbai for filing the said suit for declaration to declare the divorce granted by Dubai court as legally valid 

You cannot restrain her from filing criminal case of bigamy 

2) however even if she files case you would be acquitted 

3) if you ignore summons in criminal case non bailable warrant would be issued against you 

4) your virtual presence through Skype should suffice 

5) you can execute POA in favour of family member to appear on your behalf 

Dear sir,

since the divorce was done mutually and you took the consent in the UAE court, the same can be used as proof to showcase that since her consent was obtained in the UAE court, your 2nd marriage is valid.

you need to show the mutual consent decree before the court to prove your point.

1. Yes, only the divorce by mutual consent granted in the UAE under Personal Status Law is valid in India.

- You can produce that divorce decree , if she files any case against you in India after granting divorce. 

2. Yes, court having its right to call an accused from abroad for the appearance , 

- If after the service of the summons , you will not appear , then arrest warrant will issue , and finally a lookout notice may be issued as well. 

3. Yes

4. Mutual agreement divorce petition cannot be filed in the absence of one party of the joint petition in India , and without taking consent of other party as well. 

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system

Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.

Due to corona 19 situation courts are allowed to do the process through video conference mechanism. So try for it