• Foreign divorce

We are married under christian marriage in church first in Kerala. And then registered. Myself and my ex wife (she just got divorced in Qatar) work here in Qatar. From June 2021 we were staying separate. My 12 year old daughter stays with her. On June 2021 she filed divorce and child custody petition in family court Kattappana and it was going on. On June 2022 I have filed a case in the family court in Qatar to allow me to stay together with my family. After hearing the court judges that she has to allow me to our home. She refused that. Meanwhile I have also filed a restitution case in the same family court in Kattappana . She filed an annulment case here in Qatar on Sept 2022 with a heavy compensation. After filing here she withdraw both cases against me in the family court Kattappana with the permission to reapply later. On December there was a judgement came for her anulment case here. Court said there is not enough evidence for a divorce so the court decided to have an arbitrator to solve this. We had the arbitrator and unfortunately he didn't record my whole statement and he recorded against me. Based on that the court ruled for divorce. They didn't even checked my evidence or anything. Now she got the divorce
I want to know 
1)how can I challenge this judgement 
2) my restitution case is still there in the family court in Kattappana. Will it stands 
3) we had a Christian marriage and it can be divorced in Qatar
4) she has submitted two different statement in Qatar and also in family court Kattappana. 2 different story.
Asked 2 years ago in Family Law
Religion: Christian

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

1. By challenging the order of court allowing divorce in high court by filing appeal. In such matrimonial cases there cannot be Arbitration. It can be mediation only which too is not binding unless both parties give consent in confirmation. 

2. You are wrongly advised to file restitution case which is wastage of time and also raise legal complication. In the light of divorce the same become infructous. 

3. Qatar court order is required to be looked into. 

4. Statements are required to be examined. If Statements are relevant then in appeal you can use the same. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

File appeal against judgment passed by quasar court in Quatar 

 

 

2)restitution case would be dismissed on account of divorce decree 

 

3)you have participated in proceedings in Quatar .hence decree passed after considering evidence would be valid 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

 

You should have in your reply objected to proceedings in Quatar as it was filed during pendency of divorce case in India 

 

file appeal against st the divorce decree 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Had you objected to the filing of case I Qatar? Had you pointed out in qatar court about filing of same case, on same grounds and same cause of action in kattappana family court in India? If not objected then it shall be presumed that you had consented and had accepted the jurisfiction of qatar court. It is to be seen the competence of court at Qatar and the provisions under which case was filed and also the cause of action necessary for filing the case? Details are required to be examined. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- You should know that 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. 

- If you have participated in the proceeding after receiving the notice of her case , and if the court has given you opportunity to produce your evidences , then that decree is binding on you. 

- Since, you was not given full opportunity by the said Arbitrator , then you can challenge the said decree of divorce before the Appellate court in Qatar. 

- Further, as there is already divorce decree is passed by the court, then the RCR will have not effect. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1.  Even though the judgment passed dissolving the marriage by decree of divorce by a Qatar court may involve the question of law owing to the jurisdictional point, since you have participated in the divorce proceedings, the decree passed by the court will be deemed to be valid since it is a contested divorce and not an exparte divorce. 

Therefore you can vent out your grievances in the form of an appeal against the judgment, by producing all the relevant documents before the appellate court and strongly  object to the decree passed against you. 

2. If she produces the divorce decree she got it in Qatar, then the court at kattapanna will dismiss the RCR case.

3. The court in Qatar has already entertained the divorce case filed by her, hence without jurisdiction the court will not entertain the divorce application.

4. Nothing prevented you from producing her contradictory statements before the trial court, well you can submit them before the appellate court also.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

She has cleverly planned to withdraw the divorce case in her native in order to pursue the case at Qatar for a speedy disposal.

You should have objected to this at the time appearing before the case at Qatar and should have got it dismissed

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You need up file appeal in the same and challenge it

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. File an appeal before the higher bench against the decree of divorce passed by the Court.

 

2. When she has already obtained divorce in a contested divorce suit, your restitution petition has become infructuous.

 

3. It has already been divorce in India.

 

4. Bring up the issue of her filing two different statements in two different Courts before the Appellate Cort.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

She will withdraw the Quatar case now expectedly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If a case has been filed in one country, then another case on the same subject matter cannot be filed in another country, as this would lead to conflicting judgments. It is possible that the court in Qatar did not know about the case that was already filed in Kattappana.

 

In order to challenge the divorce judgment, you may need to appeal the decision in the Qatar Court of Appeals, which is the next level of appeal after the Court of First Instance. You will need to hire a lawyer to assist you with this.

 

Regarding your restitution case in Kattappana, it will still stand even if a divorce has been granted in Qatar. However, the court in Kattappana may take into consideration the divorce granted in Qatar when making its decision.

 

As for the Christian marriage, under Indian law, Christian marriages are governed by the Indian Christian Marriage Act, 1872, which allows for divorce on certain grounds. However, the laws governing divorce in Qatar may be different, and you will need to consult with a lawyer in Qatar to understand your rights and options.

 

If your ex-wife has submitted two different statements in Qatar and in Kattappana, this may be considered perjury and can be used as evidence against her in court. However, you will need to consult with a lawyer to understand how to use this evidence effectively.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer