Your divorce as per sharia law is not valid in India
2) file for divorce by mutual consent in India
3) consent terms should provide you will have some custody of children.
4) second marriage was solemnised during subsistence of earlier marriage
Married (India), divorced (Dubai), remarried same person (India), filing for divorce again
Hi, I got 1st Married to my Husband on 15th Jan 2007, in India Court. We filed a divorce case in India in the year 2009 but revoked it as we decided to work it out. Then we moved to Dubai and got our Marriage certificate attested in Dubai and India to certify its authenticity. 2013 we again decided to get divorced and this time we have a kids who is now 9 years old born in 2013. We filled our divorce in Dubai in Sharia Law and got certified divorce on 10th March 2014. Post three years we came back again and decided to get married. This time we only got our marriage done in church on 18th October 2018, got the same attested in India as well in Dubai to live again together...We have now reached a point that we cannot pull this anymore and want to file a divorce in India as per India Law. I need guidance if my 1st first divorce done in dubai ...is it considered valid in India though it is not attested in India neither validated in India post our divorce in Dubai. Can I Proceed with my divorce on the last Marriage certificate issued in 2018. Is my previous Marriage and Certificate null and void irrespective the divorce certificate was not validated? Does it stand any Ground of validity or do i need to close the previous Docs completed to proceed with the new divorce case? Do i have to file for divorce in India with my 1st marriage Certificate(Issued In Court) or 2nd Marriage Certificate (Issued in Church)? Can i get full custody of the Kids without any financial aspect involved from my husband as we both are willing and i do not need any financial aid for during and post separation to me or my son. Please Advice.
Asked 3 years ago in Family Law
Religion: Christian
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9 Answers
It is not known that on what grounds the divorce granted by Dubai court is valid in India because they have granted divorce as per Shariat laws though you have been married under the special marriage act in India.
Thus it can be said that the the divorce granted by a Dubai court, since not even validated in India, that it may not be a legally valid divorce for the marriage that was solemnised in India as per Indian laws.
Besides your subsequent marriage with the same person was solemnised in Church, and the same was just attested but not registered in India, therefore your second marriage cannot be taken into consideration at all as a legally valid marriage since it has not been registered besides the previous marriage registered under special marriage was not dissolved by a decree of divorce through an Indian court of law.
Therefore you may consult an advocate in India and file a divorce case based on your original marriage certificate itself as if you were not divorced earlier.
To be on the safer side, you can ask him to sign the papers for filing the divorce case on the grounds of mutual consent, jointly along with you.
- Married in India in 2007.
- Divorce in Dubai in 2014.
- In 2018 agarin married to same person in Church.
- Now you want to dissolve the marriage performed in 2018.
- Depending on your religion Christian/Muslim you can dissolve you marriage by mutual consent under Section 10A of Divorce Act, 1869 applicable to Christians or under Sharia.
- Marriage performed in 2007 and dissolved in 2014 have no bearing on marriage in 2018.
Yes you can again file the same
You have a kid of 9 years, hence 1st marriage certificate would suffice the purpose. For mutual consent divorce, it is to be shown that you are living separate at least for one year, hence require proof of separate address of residence, may be your parents house, etc. One identity card and one passport size photograph. Marriage photograph, if available.
On this you can move First Motion joint petition on mutually agreed terms duly drafted by your advocate, he may one for both or you may have two advocates. All the necessary ingredients of Mutual Consent Divorce will be given in the petition including custody of your child, etc. On appearance before the court, statements of both the petitioners would be recorded and First Motion would be clear. Thereafter, a six month time is given to file the Second Motion. As per the Supreme Court judgement, you may file the Second Motion within 15 days of passing the First Motion on moving a separate application with Second Motion stating the we are living separate for so many years and period of six months be waived. This would be done by your advocate also. On second motion again statement of both the parties would be recorded and you would get the Mutual Consent Divorce decree on the mutually agreed terms and conditions.
I believe with the above Majority Reply on getting the divorce issued on the 1st Marriage certificate Issued by the Indian Court in 2007. Can I Submit the Dubai Divorce Certificate( Issued 2014) also to show that we have been staying separated since this verdict issued in Dubai. Also I have my Rent agreement under my name from this year in dubai but previously it was not in my name. He is now staying with his Friends and hence does not have any proof of address to show that he is staying separate. Can you also advise, if i need to file any other procedure for a full custody of my child in the court or the One agreed on agreement statement during divorce stands as a final call and agreement. Can my Husband Claim the child at any given point of time despite he has given full custody to me on the agreement without any further interference from his end towards me or Child's life. Once the above is catered, Can we move to different countries without any further consent of my husband? And at what age can a child claim or change custody if ever needed? Do i need to get any POA from My husband for any changes i need to bring in my Son's documentation of any kind if needed in future? Thank you in advance for giving your valuable inputs on my case, Highly Appreciate it.
Asked 3 years ago
No need to support divorce decree issued by Dubai courts as it is obtained as per sharia law
2) file for divorce seek sole custody of your son
3) rely upon agreement wherein you have been awarded custody
You were advised to file a fresh divorce case in India once again if the divorce granted by Dubai court is not recognised as legally valid in India.
If you have any agreement with him about the child custody granting you full custody you can produce the same in the child custody case and get a decree granting you full custody of the child without visitation rights to him.
This would enable you to take your child abroad with you without his consent of permission.
You need to validate the same in India for Admissiblilty
Dear Client,
As per law, you are an indpendent citizen of India and is not required to take any approval from anybody, including your husband, to go abroad.The custody of a child can be claimed either by mother or the father and the choice of the child above the age of nine is considered by the court.If you are living abroad and managing your assets in India has become a headache for you, Power of Attorney (PoA) is the perfect instrument for you. Because of its various benefits, even resident Indians tend to execute POAs. People having numerous assets find it tough to be present everywhere physically. Therefore, they execute POAs to delegate the responsibility.
Thanks & Regards
