If you are an Indian national living in the UAE, you must understand how divorce laws work! Does a divorce settlement finalised in the UAE become applicable within India as well?
As per a recent report by Gulf News, one of their readers posed a question. He asked,
My wife and I are both Indian nationals, Hindus and Dubai residents. We have recently completed our mutual divorce as per the Personal Status law in Dubai and also have a separation agreement. However, our marriage was solemnised under the Maharashtra Marriage Act, India.
We have a daughter who is eight years old and staying with us. As per our agreement, the wife/mother has given up the right to alimony, custody and guardianship of the child. My child and I will be moving out of the house and shifting in with my mother and sister. I will be responsible for all the financial and educational expenses of the child.
Is the court judgement and Mutual Separation Agreement – which has been attested by the UAE’s Ministry of Justice, UAE’s Ministry of Foreign Affairs and International Cooperation (MOFAIC) as well as the Indian Consulate – enough to do a mirror agreement divorce in India? My main concern is that the child’s custody and guardianship should not be hampered. I would appreciate the feedback and guidance from Gulf News.
Here Are Some Of The Responses By Legal Professionals
Speaking with Gulf News, Hari Wadhwana, Associate at Dubai-based law firm OGH, discussed how for a UAE divorce order to be enforced in India, a few aspects need to be confirmed by the parties involved. He said,
Firstly, we need to ensure that the divorce decree obtained in the UAE is final and not subject to any appeal. Secondly, it should also be confirmed that both parties to the proceedings were well-represented and accepted that the UAE Court hear the matter. Thirdly, it should be ensured that the decision does not deal with any issue that may be debated in Indian Law.
Adding further, Wadhwana said that Article 13 of UAE’s Federal Law No. 5 of 1985 states that the law applicable in the country where the matrimony was concluded shall be applicable on matters of divorce and separation.
Divorce Finalised in UAE – Valid in India?
As for the laws and regulations that are applicable in India, Rishi Ashok, Counsel at Bombay High Court, told Gulf News how through various judgements Indian courts have concluded that a decision of a foreign court with respect to matrimonial proceedings, is conclusive and enforceable in India only,
When it is passed by a court of competent jurisdiction and is in accordance with the law that governs the matrimonial matters between the parties.
Ashok further quoted,
Both the parties have mutually agreed to submit themselves to the UAE Court jurisdiction and have procured a court order, which is accepted by both parties. This would deem to satisfy the exceptions set out by the Honourable Supreme Court of India.
Ashok added that as per matrimonial laws in India while the competent court to decide on such cases are Family Courts in India, there are some exceptions to this rule, as per a Supreme Court judgement.
What Do UAE Courts Say?
Additionally, Wadhwana added the Government of India had issued a notification on January 17, 2020, titled ‘Enforcement in India of Decree passed by Courts in United Arab Emirates’. As per the notification, Federal and local courts of the UAE would be considered as ‘Superior Courts’, as defined under Section 44A of India’s Civil Procedure Code (CPC). He said,
This ensures and confirms that the foreign decree of the UAE can be executed in India, satisfying pre-conditions set out in Section 13 of CPC.
However, while the UAE Court order procured by the parties in UAE is valid and enforceable in India, Ashok advised individuals to have the court orders reviewed by a legal expert to ensure that they comply with the legal requirements set within the law. He said,
We would suggest that the parties engage a legal counsel in their district of residence in India to have the UAE Court order reviewed and file appropriate enforcement application for recognition of UAE Court order in India.
ALSO READ –
UAE Court Fines Wife Dh50,000 For Cheating On Husband; Grants Divorce & Child Custody To Man
UAE Woman Fined Dh10,000 For Stalking Man & Filing False Case
UAE Woman Wants Divorce From Husband Because He Loves Her Too Much; Also Assists In Doing Household Chores
UK Court Orders Dubai Ruler To Pay $728M Alimony To Alleged “Adulterous” Wife In Divorce
Abu Dhabi To Allow Non-Muslims To Marry, Divorce & Get Joint Child Custody; When Will India Amend Matrimonial Laws?
ALSO WATCH –
KBC 13 Contestant Shraddha Khare Accuses Husband Of Domestic Violence | Watch Other Side
Join our Facebook Group or follow us on social media by clicking on the icons below
Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.
We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.
To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.
Follow Us
