Hi, My wife and i have had issues for the past 3 years and she and her family arent willing to give me a mutual divorce and are asking for a huge amount as compensation/maintenance. We stay in dubai and last year she left the house and went back to stay with her parents and is no longer a dubai resident although i am. I was suggested to obtain an exparte divorce by my lawyer in Dubai as im an NRI. My wife is back in India. I would like to know the process that will need to be followed in India after obtaining the exparte divorce decree in Dubai to make it "bulletproof" which will be valid both in UAE and India and what else should I consider that could be used against me as I would like to end it respectfully instead of creating a mess for everyone involved.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Hello,
obtain the divorce on the ground as mentioned in the Hindu Marriage Act, do not take a no fault divorce.
also the ex parte decree will not be valid in India per se. Make sure that the party do not appear after service of the summons, service of the summons has to be shown.
thereafter you will have to file a declaration suit in Indian court to make it a strong decree.
regards
Dear Concenred
You may choose to file and proceed for an ex partner divorce in Dubai as you are a resident . Such decree will not be valid India. However you may choose to take divorce and remain silent on same. Don't get connected to your wife. Which I believe is not a case here, as you are already staying seperated .....
At a later stage if your wife connects with you , you may ask her to file a divorce by mutual concent. If she agrees well n good else for getting married in Dubai and staying in Dubai you won't have any issues.
Best of luck.
1) if your wife does not participate in divorceproceedings in Dubai divorcedecree would not be valid in India
2) best option is to file for divorce on grounds of mental cruelty in India
3) if your wife contests divorce proceedings out have long drawn legal battle ahead
4). Contested divorce proceedings take 5 years to be disposed of
Divorce granted outside India
Divorce from foreign countries are valid in india but you need to validate the same in India. Under Section 13 of the the Code of Civil Procedure, 1908 (Code), a foreign judgment is not conclusive as to any matter thereby “directly adjudicated upon” “between the parties” if: (a) it has not been pronounced by a Court of competent jurisdiction; or (b) it has not been given on the merits of the case; or (c) it is founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; or (d) the proceedings are opposed to natural justice, or (e) it is obtained by fraud, or (f) it sustains a claim founded on a breach of any law in force in India. If the above conditions are fulfilled in the said foreign divorce decree the said divorce is valid in india
Sir divorce granted in Dubai won't valid in India a fresh petition of divorce has to be filed in India again for divorce.
So better to file for divorce in India only.
Hello
Your marriage was solemnized with your wife in India under the hindu marriage act. Therefore you can get relief ie divorce only under the hindu marriage act in India and the petition has to be filed before a family court situated in India.
The only alternate remedy you have is that if you obtain a decree of divorce from the foreign courts ex parte the wife must be a willing party. This means that unless your wife accepts the foreign jurisdiction, the decree of divorce holds no value whatsoever in India and you are not divorced as per the laws of India and a case of bigamy, which is criminal offence, can be instituted by your wife in case you decide to marry.
Regards
ex-parte decree is passed by a Foreign Court, it would not be valid and conclusive in India. a decree would be considered ex-parte if summons are not served on the opposite party.
1) Better you go for Mutual Consent Divorce instead of Dubai Exparte Divorce.
2) Otherwise you apply for Divorce in India that will be valid.
1. The divorce decee to be obtained by you inDubai by filing a divorce petition before the Dubai Court will not be treated as valid in India as per indian Law.
2. If you have married in India as per Indian law like hindu Marriage Act, Special marriage Act etc., then you shall have to obtain the decree of divorce based on the said Act.
3. If she does not agree for MCD, then you shall have to file a divorce suit in Infdia on appropriate ground like cruelty which might be contested by her.
4. She can also file a police complaiunt u/s498A of IPC alleging dowry harassment and DV case which you shall have to contest fittingly.
5. In case a FIR is registered by police u/s498A of IPC based on her complint alleging dowry harassment, then all the accused shall have to avail anticipator bail from the Court and contest the case.
Ex Parte divorce by a foreign court is not considered as a valid divorce If the marriage was solemnized in India has only courts of India have jurisdiction to grant a decree of divorce in such cases.
In case of contested divorce by a foreign Court, it can be considered in India as both the parties submit to the jurisdiction of the foreign Court.
In order to get divorce you'll have to file a petition under section 13 of the Hindu Marriage Act on Grounds of cruelty by wife which is a valid ground of divorce under the Hindu Marriage Act.
Hi, you can obtain a ex-parte divorce from Dubai court .. However , the ex-parte decree divorce can be challenged by your wife in Indian court .. It is advisable to make her agree for mutual consent divorce
I would like to ask a few follow up questions: 1. If I file a cruelty case in India how can she challenge it especially about dowry and does it bring danger from any women empowerment associations 2. What kind of mental cruelty charges make the case stronger? 3. Her family keeps threatening my family through other people and say they will make me pay for this. Also they bore most of the wedding cost and are asking me to repay everything since i want the divorce 4. What is the repercussion of contested divorce on my fathers property and bank account held in India as there is not much in my own name in India. 5. Is there a time period in which she is away, that the court can pronounce us as divorced and provide their judgement? Also note, I filed a divorce in Dubai in 2017 based on Sharia law to start. She contested it and asked for Hindu law to be applied to which I responded with mental cruelty charges. The case ran for 7months but I didn't win it.
1) you can file for divorce on grounds of mental cruelty
2) wife can in her reply deny allegations made against her
3) burden of proof is upon plaintiff to prove allegations made in divorce petition
4) wife can file false case of dowry harassment against you
5) wife has no share in your father bank account and property
1.She Can contest the divorce on the ground there was no cruelty and further she can file cases of domestic violence and 498a.
2. Abuse, seperated from parents, not allowing to have sex.
3.See i would suggest you settle the issue if they file false cases it will take lot time and money for legal fee.
4. There is no affect on fathers property and bank account, though bank account can be attached if court orders maintenance and you fails to pay.
5. No there is no such prescribed time period.
She can contest the divorce proceedings and allegations made in divorce petition has to be proved, she can deny there allegations.
If she filed 498 then you can file divorce on the grounds of cruelty.
1. Your filing a case against her will not bar her from challenging your allegation and/or file a counter case against you. No association can influence the Court but can help her to seek legal relief.
2. Whatever cruelty you have faced for which you have evidence should be mentioned. Bling and unfounded allegations without evidence does not make a case stronger.
3. File a divorce suit o9n the ground of cruelty submitting evidence in support of your allegation.
4. She will have no claim on your father's properties in any way.
5. No, both the parties in the matter will be thorougly heard by the Court before disposing it.
6. You shall have to file a divorce suit in India as suggested above.