• UAE court's Muslim divorce order

Dear Lawyers,

Will the UAE courts divorce order can I challenge in India?
Asked 1 month ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

What were the grounds for divorce ? Kindly clarify 

 

did  you participate in divorce proceedings in UAE 

 

kindly clarify 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

No. 

Sumit Rana
Advocate, New Delhi
19 Answers

Not rated

No. It can't be challenged unless it's against a Indian and cause of action is related to India. Like divorce decree etc

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

If the marriage was solemnised in India as per Indian laws and the divorce granted in UAE contradicts the laws of India, then this divorce granted by UAE may not be legally valid in India.

You can challenge your spouse's claim for divorce very well in Indian courts.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

- There is no need to challenge UAE court order as if the order is obtained from overseas court the same is required to be validated in Indian court as per Indian law i.e the divorce is required to be taken in Indian Court. 

- You can hire any lawyer to file the case against your partner in Indian court. 

- The remedy depends upon whether you are wife or husband and accordingly the guidance will be provided.

- Do feel free to connect.

 

Regards

 

VIvek Arya

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

File petition for RCR in India 

 

seek stay of divorce proceedings in Dubai court 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You can await the court order for taking further steps in this connection. 

If you don't want to divorce her then you can file an objection before that court and express your opinion that you would like to live with her and don't want to dissolve the marriage. 

You will be given an opportunity to be heard.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

If she gets the decree from Dubai tohe same willl not applicable in India till it's validated by her in India. 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Once you have a decree of divorce against you, you are no longer the spouse of the other person. Further, decree of a court can be challenged before the higher in that country only and in your case, it cannot be challenged in India if there is decree from Dubai Court.

Sumit Rana
Advocate, New Delhi
19 Answers

Not rated

- 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.

- Further, if the matter is contested between parties in UAE Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by UAE Court will not be applicable in India. 

- Hence, if the said divorce is granted by the UAE court under mutual ground , then only valid in India .

- Further , in the absence of you , if the said court granted divorce decree then that will have no value in the eye of law. 

- But, if the said divorce case contested by you both the parties , and decree passed , then it is valid in India. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

Divorce granted to non-resident Indian (NRI) couples by UAE courts are not binding in India and can be challenged in home courts,

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

No without consent of husband no divorce can be made in Islamic law because the authority is only with the husband not with the wife divorce can be made if husband is ready to leave wife. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

if both of you reside in UAE then this divorce cannot be challenged but if you are not in Dubai and she filed the case in Dubai then as per section 13 of CPC you may challenge the same in Indian Court.

 

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of 1[India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in 1[India].

Nadeem Qureshi
Advocate, New Delhi
5791 Answers
272 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer