Ello sir - I am following up on my previous question. My ex wife is now threatening me saying her lawyer is going to file a case against me because I am married and as per her I am legally married in India. I have not given this too much thought. I know she is keen to get a legal document in India, as she also needs to get the marriage annulled in Church. She is Catholic. She is has said that she can have summons issued which would mean that I will need to go to India and she can have be imprisoned and things like that. I have a few questions: 1. Basis of the fact that I have a mutually agreed divorce from the Dubai court, do I need to worry about anything from a legal aspect? 2. To have the UAE divorce validated, is there a requirement to be infant of judge , or is it both me and my ex signing a document to have our document to be accepted as final in India? 3. Generally how long does this take, and what is the cost of such ratification? 4. My ex's lawyer has told her that she can get me in trouble as I am married. They are filing a divorce petition and have asked me to come down to India in 15 days which I said I can't and I won't. They have said that if I don't appear they judge will summon me and an arrest warrant will be put against me if I don't.
You have to file petition for validation of divorce decree
2) notice would be issued to your wife
3) court after hearing both parties would pass orders
4) it may take around a year
5) let your wife file petition in India if she so desires
6) no arrest warrant would be issued
Hi, If the both the parties are present in the UAE Court and both the parties have opportunity to participate in the proceedings in the UAE Court, then the divorce obtained in the UAE Court is valid.
2. Suppose, if she filed a case, you can engage the advocate and contest it and if your presence is really required then you can come to India.
Hello,
1. No, you need not be worried about anything as the UAE divorce you obtained is a mutually consented one on basis of incompatibility and the same would be the ground for divorce by mutual consent in India as well.
. 2. Your petition has to bea joint petition seeking a declaration from the court that the UAE divorce by mutual consent is valid in India.
3. The court fee is negligible. The fee of a lawyer is subjective and needs to be determined on discussion with the lawyer you engage. As to how long the case will take to dispose is dependent on various local factors. If effective steps are taken it should be concluded withing 3 to 5 months.
4. You will receive a summons and that is just the formal notice asking you or your lawyer to appear in court to respond to the petition. If you engage a lawyer, he/she can take care of it.
1. As i have already informed you, that if the divorce has granted on mutual ground , then it is valid in India , and you should not worry .
2. No need for validate the said decree from Indian court .
- However you can file a petition to validate the said decree on the ground of refusal from the wife.
3. Cost depend upon the lawyer , to whom you engaged ,
4. If you have received notice from her lawyer , then reply the same through an advocate .
1. The threats what she posed in her legal notice are just imaginary concept that she has uttered in the legal notice.
Her threats are not maintainable.
If she had sent a legal notice you can engage the services of a lawyer in India and issue a suitable reply denying her allegations.
She has already participated in the mutual consent divorce obtained from a court in Dubai, hence the allegations leveled now by her is not tenable in law, hence you need not be worried about such gimmicks.
2. The procedure to declare the divorce as valid in India have been informed to you in the previous posts plenty of times, however it is repeated that if you want to get your Dubai court divorce declared as valid through an Indian court, you and your wife have to be present before court and file a declaratory suit before the court competent praying to declare the divorce as legally valid.
The suit without your physical presence and her presence may not be entertained by court.
3. There is no question of ratification. It is declaration. The time taken for disposal of a civil suit in a court of law cannot be predicted owing to various factors involved in it.
4.You do not have to budge to the pressure tactics adopted by your ex or her lawyer.
You issue a notice to that lawyer to refrain from threatening you and can ask him to proceed as per his whims which will be challenged properly in the court of law as per provisions of law.
Dear sir,
since the divorce was done mutually and you took the consent in the UAE court, the same can be used as proof to showcase that since her consent was obtained in the UAE court, your 2nd marriage is valid.
you need to show the mutual consent decree before the court to prove your point.
