• Divorced of my son in Dubai

Hi i seek some advice on divorce of my son living in dubai. he got married in india at Udaipur in october 2017, since then they were living together in dubai , where as me and my wife live in Kuwait for the last 40 years. My son's wife left dubai in may 2021( she had valid residence permit of dubai till 2024 may) and her family filed many false domestic cases on us as well as on my son. In july 2021 my son filed a divorce case in dubai , his wife also participated in court hearing by zoom from india as required by dubai court due to corona. Finally dubai court granted him divorced in april 2022. i want to know, is it valid in india, can my son marry again? how can we validate divorce certificate in india delhi. As it was not a mutual divorced , can his wife challenge this divorce certificate issued by dubai court?. thanks in advance for your suggestions.
Asked 2 months ago in Family Law
Religion: Hindu

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10 Answers

Foreign court divorce is not valid in India. Only Mutual consent divorce performed in foreign is valid in the India.

 

Yes, your daughter in-law can challenge Dubai court divorce order in the Indian court.

Ganesh Kadam
Advocate, Pune
12329 Answers
189 Consultations

4.9 on 5.0

If she has consented then he can marry. But if you want to marry in India it's better to validate the divorce in Indian court. 

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

Dear querist, in reply to your query my advise is as follows:-

1. Any divorce taken out of india is valid till the ground on which divorce is sought, is a valid ground in India as well. As it was a contested divorce and wife of your son had given appearance before dubai court, does she have filed any reply or any document in relation to her divorce or for not granting divorce.? 

2. As on now, wife of your son is an Indian resident, she can very well file divorce case in India as well and can challange the foreign divorce decree, unless she herself has surrendered in for the jurisdiction of dubai court. Any documents, if filed by her is sought for clarification and what happened after first appearance also needs clarification. 

3. To validate any foreign marriage divorce decree, one may file declaration suit in the court of law, in your case it is Delhi. 

 

Feel free to call for any further assistance. 

Puvali Singh
Advocate, Delhi
35 Answers

5.0 on 5.0

Since his wife participated in divorce proceedings divorce decree passed by Dubai court would be valid in india if divorce has been granted on grounds recognised by HMA 

 

it is necessary to peruse divorce decree passed by Dubai court to advice further 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

1. Divorce decree of dubai court is not valid in India,

2. your son can file a declaration suit in India to validate the divorce decree of dubai court,

3. your son cannot marry until the decree is validated by Indian Court,

4.

 

Suneel Moudgil
Advocate, Panipat
2368 Answers
6 Consultations

4.7 on 5.0

-        Foreign decrees are valid. She contested complete case or she appeared only once. She wont agree to divorce so easily if they already filed cases in India. it is necessary to peruse divorce decree passed by Dubai court to advice further.

 

-        To validate the divorce decree of Dubai court, Your son can file a declaration suit in India.

 

-        She can very well file divorce case also in India and can challenge the foreign divorce decree.

 

-        Your son should not marry until the decree is validated by Indian Court or confirmed that it is valid.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

UAE is a reciprocating country/territory to India.

Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and superior Courts, with reference to any such territory, means such Courts as may be specified in the said notification.

Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.

Thus, as a ‘reciprocating territory’, judgments of the Dubai Courts can now be enforced in India as if they were local Indian Court judgments under the provisions of section 44 of civil procedure code, 1908.

[44A. Execution of decrees passed by Courts in reciprocating territory.--(1) Where a certified copy of a decree of any of the superior Courts of  any reciprocating territory has been filed in a District Court, the decree may be executed in 3 [India] as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.

 

Therefore he can follow the procedure laid down which has been mentioned in accordance with the said provisos of law to validate the divorce granted by Dubai court. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

- 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 foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Since, his wife also participated in court hearing even by zoom , and the decree of divorce is valid in INDIA , and she cannot challenge the same in INDIA, and your son is free to re-marry.

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Please be guided by these legal provisions:

Sec-13 of the Code of Civil Procedure 1908 clearly states that a foreign judgment shall be conclusive as to any matter directly adjudicated upon between the same parties if the following conditions are satisfied:

  1. where it has been pronounced by a court of competent jurisdiction;
  2. where it has been given on the merits of the case;
  3. where it does not appear on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
  4. where the proceedings in which judgment was obtained are not opposed to natural justice;
  5. where it has not been obtained by fraud;
  6. where it does not sustain a claim founded on a breach of any law in force in India.

According to Sec-14 of the Code of Civil Procedure 1908, the court (meaning, any competent court in India) shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Further, Sec-41 of the Indian Evidence Act 1872 upholds the relevance (in matters of evidence) of a final judgment, order or decree of a competent court, in the exercise of matrimonial jurisdiction, which confers upon or takes away from any person any legal character. It adds that such judgment or decree is conclusive proof that any legal character, which it takes away from any person ceased at the time from which the judgment, order or decree declared that it had ceased or should cease.

If these conditions are satisfied in your son's case, his ex-wife cannot challenge the foreign court's decree.

 

Swaminathan Neelakantan
Advocate, Coimbatore
1883 Answers
18 Consultations

4.9 on 5.0

Dear Client,

As per the facts which have been provided, your son can file a declaration suit in India to validate the divorce in Indian court. 

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

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