this marriage not even valid if not done before a Marriage Officer in a foreign country appointed by Central Government. She can easily get declaration of void marriage in Indian court.
She went to UAE for job and there she married a Muslim boy and even converted in to Islam by fraudulent luring by the boy. Now she if fighting for separation but not getting success in UAE courts. Being an Indian citizen can she file case in India and what are the options available for her?
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this marriage not even valid if not done before a Marriage Officer in a foreign country appointed by Central Government. She can easily get declaration of void marriage in Indian court.
Indian courts have no jurisdiction as marriage is solemnised in UAE
marriage is not registered with Indian consulate in UAE nor in India
she can divorce her husband as per Muslim personal law
If the marriage took place in UAE as per that country's laws and if it was not registered in Indian consulate as per Indian laws then this marriage may not be recognised as legally valid as per Indian laws.
Whether he is an Indian citizen?
If you're an Indian citizen (including NRIs) getting married abroad, it's generally recommended to register your marriage with the Indian embassy or consulate in that country. This registration ensures your marriage is legally recognized in India for various purposes.
If your husband has abandoned you in a foreign country or harasses you in any way,
you may approach the local police.
You may also immediately contact the following in case of an emergency/to seek assistance in the foreign country: Indian Embassy in the foreign country
Employer of the husband
Local Indian associations and networks of Indian citizens in the area of the residence of your fiancé
Friends and relatives in that country.
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living.
- Hence, if she married without giving divorce to her Hindu husband then the husband can file a complaint under this ACT.
- If her marriage was solemnized without her consent or forcibly, then she can file a complaint in India even there , and further she can file a declaration suit in the family court for declaring the marriage as null and void.
She can’t file divorce case in India unless she has married in India or stayed after marriage in India for a considerable period . She can take Khula and leave the husband
🔹 Yes, as an Indian citizen, she can file for divorce in India under:
Foreign Marriage Act, 1969, or
Personal laws (if she reconverted to Hinduism).
🔹 She can also seek annulment if conversion was through fraud or coercion.
🔹 UAE divorce case can continue separately; Indian courts have independent jurisdiction.
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Indian courts will not have jurisdiction in the case if the marriage was validly performed abroad. Indian courts will have jurisdiction only if the couple had stayed in India for sometime after marriage
Dear Client,
1. Jurisdiction and Filing of Divorce in India
She can present a divorce case in India subject to the relative personal law to which her marriage is governed. Indian courts can take jurisdiction if either of the parties is a resident or domiciled in India. She can approach the family court or the district court where she is living in India.
2. Recognition of Foreign Marriages and Divorce
Marriages and divorces registered outside India are usually accepted in India if registered at the Indian embassy or consulate or when the parties subsequently register the marriage under the Foreign Marriage Act, 1969.If the marriage was not registered in India, she may still get a divorce in India on the basis of the marriage certificate obtained in UAE or other proof of marriage. Divorce orders issued in UAE can be challenged or accepted in India based on procedural adherence and jurisdiction.
3. Ground and Procedure for Divorce in India
Indian courts tend to sympathize with wives who approach them for dissolution of marriage on the grounds of cruelty or desertion, such as cases of conversion or fraudulent inducement
4. UAE Court Options
UAE courts follow Sharia law for Muslim marriages, and she can still approach them for divorce. Divorce in UAE is followed by mandatory attempts at reconciliation at the Family Guidance Section prior to court proceedings. If reconciliation does not work, the court goes ahead with divorce on evidence available.
But even if she cannot get relief from UAE courts, filing in India is still an option
5. Other Legal Remedies
She can also seek the legal support and advice of the Indian embassy or consulate in UAE. She can also seek assistance from NGOs or legal aid groups that help Indian women with matrimonial problems abroad. If there is any aspect of fraud or coercion involved in the marriage or conversion, she can bring these matters before Indian courts too