• Divorce by mutual consent

My daughter is an Indian woman staying in UAE with her Indian husband. Her marriage took place 4 years back in India. They  have some serious compatibility problems and have decided to get separated. Can they apply for a divorce in UAE? Or should they file an application in an Indian court? Will a UAE court order granting divorce be valid in India? Which course is better and faster?.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hello,

Thank you for posting your question.

If the place of wedding is in India so the place where the wedding has taken place, the local family court will have jurisdiction to grant the divorce. In case the local area does not have a family court notified, then the Magistrate has the power to act as the family court in such cases. Divorce by mutual consent can very easily be granted in India by simply filing an application under section 13B of the Hindu Marriage Act, 1955 before the competent court. The court grants a six months’ breathing period after filing of application and a fate is given which is after 6 months of the filing of application. On the said date, divorce is granted by the concerned court and a decree is obtained. This is a very simple procedure, whereas the parties do not even require a counsel before the family court and they themselves can file a joint application and obtain a decree for divorce. Since the parties reside outside India, they may need to come only twice to get the entire procedure completed.

It appears that since the wedding has taken place in India, the competent court will be the Indian court which can grant a divorce.

Obtaining a divorce by non-muslims in U.A.E. may not be an easy process. Also, even if it is granted, you will have to take steps to get that foreign decree enforced in India, without which it may not be recognized in India.

Do let me know if you have any further queries.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Petition for divorce can be filed in the Country where husband-wife are residing and such decrees are recognized by courts in India if both parties are domiciled at the same place, the Court where petition is filed should be a court of competent jurisdiction, both parties should be clearly represented in the proceedings and there should not be any possibility of making allegation by either party that the decree was obtained by fraud. Taking into account above factors, a petition for divorce can be filed in UAE
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
I concur with my colleague above. There are several supreme court judgments to this effect wherein when parties mutually agree to choose a particular court for deciding their matter, then there shall be no dispute regarding the issue elsewhere.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0

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