-  The Register Marriage will not accept UAE divorce certificate. 

-  You have to get your UAE divorce validated in India.

-  After getting validated, you can do whatever you want to do for remarriage without any legal complications.

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Divorce obtained abroad by mutual consent is valid in India 

she can get divorce decree validated by filing petition under section 7 of family court act for declaration that marriage is dissolved by UAE divorce decree

The divorce decree is perfectly legal and in accordance with law as the divorce was obtained through mutual consent and both the parties accepted the jurisdiction of the foreign court and participated in the divorce proceedings.

1. The divorce decree passed by the court in UAE is absolutely valid for all legal and practical reasons in India.

2. She is free to remarry under Special Marriage Act or under Personal law.

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 divorce.

A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws.

1. The said decree of divorce passed by the foreign court  is not valid till the said decree has been arranged to get validated by filing an application before the local District Court in India.

2. Till the said foreign decree of divorce availed on mutual consent is not validated by the Indian Court both of you shall be considered as husband nd wife in India as per Indian law for which none of you can remarry to avoid the criminal charge of bigamy.

3. File an application before the local District Judge in India for getting the said foreign decree of divorce validated before you remarry.

Dear Sir, 

The divorce by Mutual Consent granted by Dubai Court is legally valid in India. However, you will have to file a declaration under section 7 of the Family Courts act to enforce the decree in India. 

Thank You

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Since both the parties(husband and wife) had voluntarily submitted to the jurisdiction of the Court at Dubai, neither can now complaint about the verdict of the Dubai Court.

You may remarry without any further formality. 

- 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.

- Hence that divorce decree is valid in India , and the parties are free to marry to any other person without any hindrance . 

A. What is the provisions of law are you trying to refer by mentioning section 7? 

It i not possible to declare the divorce declared as valid by invoking section 7 of the family court act.

The ground of divorce in the decision of the foreign court should be a ground available under the Hindu Marriage Act, 1955. For instance, if the ground of the foreign decree was cruelty on the applicant, this would be acceptable, as “cruelty” is a stated ground under the Hindu Marriage Act, 1955. But the same cannot be said for “irretrievable breakdown of marriage”, as this is not a ground under the Hindu Marriage Act, 1955.

B. Dubai will not entertain any petition invoking the provisions of law prevailing in India, hence you may see the above answer for Indian situation also.

C. Under Section 7(1) Explanation (b), a Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8, all those jurisdictions covered under Section 7 are excluded from the purview of the purview of the jurisdiction of the Civil Courts.
 In case, there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court.

It makes no difference as to whether it is an affirmative relief or a negative relief. 

What is important is the declaration regarding the matrimonial status. Section 20 also endorses the view which we have taken, since the Family Courts Act, 1984, has an
overriding effect on other laws.

However this provisions cannot be invoked if the foreign divorce decree  is legally flawed under general and divorce laws in India.

1) it has to be filed in India 

2) file petition under  section 7 of family court act 

3) notice would be issued to your spouse 

4) if no objections are received court would pass orders validating divorce decree passed by Dubai courts 

A. That decree is valid in India and not need a validation 

- However, this should be file in India.

B. If both parties are residing abroad , then validation is not required. 

C.  Yes, both are free to marry to other person , as their relation is legally finished. 

Dear Sir,

1. It must ideally be filed in India

2. Due to a pandemic in India, it may take longer than usual as the court is not entertaining cases that are not urgent in nature

3. Yes

4. However, judicial separation is a better alternative to divorce, as a window for reconciliation is provided under that. 

Thank you

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A. Section 7 can be done in India only.

b.both will have to appear in section 7 proceedings in the Indian court. 

c. Go ahead and remarry Without section. I see no occasion for your ex spouse to reopen the mutual consent divorce granted by the Dubai court 

If you have obtained a divorce in a foreign country and both of you agreed to it the divorce is final and enforceable. The Hindu law cannot be made applicable in a foreign country.

You have ti come to India in order to obtain any order under the act.

If you wish to remarry then you may either come to India and marry or marry in a foreign country as per tge Hindu rites and rituals.

How does the Special marriage act come into the picture!!

1. What is Section 7 in Dubai? We would not know anything about the law in Dubai.

2. I repeat that there is nothing required to be done in India after the dissolution of marriage in Dubai. Both are free to remarry in India.

1. You shall have to file an application u/s13 of CPC praying for validating the foreign decree of divorce obtained after complying with the provisions of the Indian Law.

2. It shall have to file in India for which one of you shall have to sign the petition and Vakalatnama after coming to India.

3. You can not remarry legally without getting your foreign decree of divorce validated by the Indian court.