• Dubai divorce certificate - legalise in India

Sir,
We married from Tblisi, Georgia Country. we divorced as mutual consent from Dubai, UAE.
How to register my divorce certificate in India. I am worried about my ex wife will ask again divorce in India court. Please let me know. Dubai Divorce certificate is valid in India?
I am Muslim, She is is Chrirtian. we divorced in Sharia Court Dubai.

Please reply
thanks

Unaas
Asked 3 years ago in Family Law
Religion: Muslim

2 answers received in 10 minutes.

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13 Answers

1) divorce decree by mutual consent is valid in india

 

2) you can file petition for declaration  in family court  that marriage is dissolved by dubai divorce decree 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

There are very rigid conditions are laid down under Section 13 of Civil Procedure Code, 1908 and pronounced judgments by SC of India. A foreign is valid only if…

  1. It has been pronounced by a court of competent jurisdiction;
  2. Judgment is given on merit of the case;
  3. It should not have been founded on incorrect view of international law;
  4. It should be based on law recognized in India that is, Hindu Marriage Act or conventional Indian marriage laws.
  5. Judgment obtained should have been based on full play of natural law;
  6. Should not have been obtained by fraud;
  7. Judgment should not breach any law of India.
  8. You are Muslim, she is Christian and divorce is obtained in Shia Court.

Above conditions are difficult to meet. She can file criminal cases in Indian Court as divorce  obtained by you can be challenged.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Your marriage has been solemnised abroad 

 

Indian courts do not have any jurisdiction in your case 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

You don’t need any court orders in India to legalise your divorce 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Yeah that is valid. File the certificate obtained from dubai in a court where you live ie district court and it will issue a declaration declaring your divorce as legal.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As i have already stated you can get your divorce certificate formalised in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

divorce by mutual consent granted in the UAE under Personal Status Law is valid in India.

Pls consult local UAE qazi for divorce certificate.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

If both the parties consented to the jurisdiction of the foreign court and there was no error of law then the decree will be applicable in India. You can get it registered in India with the help of a lawyer.

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

If you are  not married in India or not married under indian law you can't register the same in India

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Firstly you were married as per the laws of Georgia hence there is no question of validity of your marriage in India as per Indian laws.

Secondly your marriage was dissolved as per Dubai laws, hence again there is no question of validity of divorce in India.

Besides there is no provision in law in India to obtain a divorce certificate other than a court order.  The marriage dissolved b y a decree of divorce through a court of law is final and there is no such issue called divorce certificate. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Therefore you people married as per the local laws of Georgia, hence there is no provision in law to validate the marriage in India automatically.

Until and unless you got your marriage registered as per the provisions of Special marriage act in India, this marriage cannot be recognised as legally valid as per Indian laws, therefore there is no question of validating me in India for the divorce obtained in Dubai

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

There is no provision in Indian laws to legalise your divorce in India because you got married as per Georgian laws and divorced as per Dubai laws. 

You have to be contended with the divorce judgment passed by the court in Dubai.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

- 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, if you both approach the Court in Dubai after filing a joint petition for mutual divorce , and the decree passed in the presence of both the parties , then the said decree of divorce is valid in India. , and it is not necessary to validated in India.

- Further, if she filed any case in India, then you can produce the said decree granted by the Dubai court for dismissing her petition. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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