Divorce granted by mutual consent in Dubai would be valid in India

2) you are st liberty to remarry in India

Well,the foreign judgment in many circumstances is not valid in India, more so, if the country is not a reciprocating with india.

UAE is not reciprocating country with India.

Moreover the ground on which mutual divorce granted in UAE muar be valid in india.

So unless and until these factors are fulfilled it is not wise to rely on this decree.

it is better you apply for MCD in India only afresh.

Hi

As the marriage was solemnised in India then divorce should also be done acc to Indian laws.

Further more you can trying getting the Dubai divorce order verified at Indian court but for that also the statement of wife would be required.

Consult the offices of marriage registrar in your area.

Thank You

Mutual consent divorce decree: The decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 14 of the Civil Procedure Code. As per Seaction 14 of C.P.C the decree obtained from the competent court in foreign nation is a valid one that would be consider a conclusive decree. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act. So you need not worry about that, the decree obtained by you is a valid one and it was obtained based on the mutual consent to decree. The the decree will bind both of you and a valid one in India.

No,it is wrongly guided you as the main thing which matters is the presence of the party in the concerned country.

I am citing one case which would help you for sure

"Divorce given by a Dubai court to an NRI man against his wife who has moved back to Mumbai was not valid and could not be enforced in India, ruled the Bombay high court.

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Striking down a Bandra family court's order dismissing the Worli woman's plea for divorce and maintenance for the couple's two children, a division bench of Justice Abhay Oka and Justice Anuja Prabhudessai said, "It is not in dispute that (the woman and her husband) are Indian nationals and Hindus by birth and are governed by provisions of the Hindu Marriage Act. Consequently, the divorce petition filed by the woman before the family court could not have been dismissed on the basis of the Dubai court judgment, which is not binding and enforceable in India."

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The family court had cited the 2012 order of the Dubai court granting divorce to the man on the grounds of desertion.

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The couple had got married in 2000 in Coimbatore as per Hindu vedic rites and then registered the marriage in Mumbai. They later moved to Dubai, where they had a son in 2001 and a daughter in 2008. Soon after the birth of their daughter, the woman returned to Mumbai with the children and lived in Worli. In 2014, she filed a petition for divorce and maintenance for her children before the family court. The man furnished a divorce order obtained from the Dubai court to counter her application. In 2016, the family court dismissed the woman's plea, following which she approached the high court.

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The HC held that the Dubai court would have no jurisdiction to entertain the petition in accordance with provisions of the Hindu Marriage Act, unless it met the three exceptions carved out by the Supreme Court—in a matrimonial case involving Indians, if the spouse against whom the petition had been filed consents to have the case decided by the foreign court; or submits to the jursidiction; or when the person is domiciled or permanently resides there.

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The high court said, in this case, the wife had not consented or submitted to the jurisdiction of the Dubai court. The bench further pointed out to the documents filed by the man before the Dubai court and said that nowhere was it mentioned that she was a resident of Dubai or had domicile. Neither had an averment been made that the wife had abandoned her Indian domicile. The husband too had not claimed he had made Dubai his permanent abode, said the court.

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"Both are Indians and in the absence of the averments as well as material to endorse the claim of being domicile of Dubai, the presumption under (that the foreign court had jurisdiction) stands dislodged," said the judges, while ruling that the Dubai court order was neither conclusive nor binding. "The Dubai court has not considered the aspect of intention to desert and has granted divorce solely on the grounds that the parties were living separately for more than two years. It is evident that the Dubai court had not considered the real controversy and hence, it can't be said to be a judgment on merits of the case," the HC said."

You can file petition under section 7 of family court act for declaration that marriage is dissolved by the divorce decree passed abroad by mutual consent

The Divorce by way of Mutual Consent granted by the Dubai Court is valid in India too but if you want any court order regarding the same from the Indian Family Court, hence you may file a declaration suit before the Family Court and based on that Judgment, the Court may grant a declaration decree to validate that Judgment.

Feel Free to call

You are at liberty to marry in India as the mutual consent divorce granted by the court in Dubai is valid in India.

Regards

File an application under section 7 of the Family Court act to seek an declaration to the effect that the marriage has been dissolved mutually and that the marriage does not further subside.

Regards

It will be good if both the parties move an application jointly. There will be no waiting then.

Regards

If it is family court then presence of both parties is required.If it is civil court then physical presence is not needed at all.

Only one can appear and file the said declaration suit.

Other may appear and give a no-objection in Court.

You can file petition for declaration that marriage is dissolved by decree passed abroad

2) notice would be given to your ex wife

3) if she dies not object you would get orders that marriage is dissolved by decree passed by courts in Dubai

4) you are at liberty to remarry

No one party is sufficient, if both the parties will be appear then on the same day the court may grant the decree and passed the judgment on the case.

There is no waiting period for remarry after decree of divorce, even get the decree and directly go for marry from the court itself

Divorce for mutual consent petition has to be filed under section 10A of the divorce act and both the partied should appear on presentation. The Court will give 6 months cooling period evenafter that also parties have not changed their mind then it will grand the decree of divorce.After getting the certified order copy from the parties can remarry because it is a consent decree and they are need not to wait for any further period.

The mutual consent divorce granted by Dubai court for the marriage solemnised in India is valid in India, and the separate couple can remarry anyone of their choice in India or elsewhere.

I had enquired with some lawyers in my area. Most of them told me that its invalid. I dont want any legal problems during the marriage. Is it possible to get it in a written form from court stating that the divorce certificate is valid in India? Is it possible to get a proof or something similar. Could you please guide me regarding the same.

You have been misguided about this.

The divorce by mutual consent granted in Dubai is very much valid in India.

You need not get any certificate for this.

If you have to validate in India, then you may have to file a fresh petition seeing divorce on the same grounds by suppressing the fact of divorce already granted in Dubai.

Should both parties appear in family court to file an application(declaration suit) under section 7 of family court act. Or only one party is enough to file the declaration suit? After the declaration decree is granted by the court, is there a waiting period before the divorcee can marry again.

Both the parties to marriage have to appear jointly for this to get the litigation expedited.

Hi

Both the parties will be required to sign the petition and other statements that would be recorded in front of the judge.

There is no waiting period to remarry after the decree.

Thank You