Since both parties participated, submitted to the Dubai court's jurisdiction, and presented their arguments, Indian courts generally view the decree as a decision made on the "merits of the case."

Your son can however file a Civil Suit for Declaration in the Family Court or District Court of Delhi having jurisdiction over his place of residence.

The suit is filed seeking to declare that the foreign judgment dated [2022] passed by the Dubai court is binding, valid, and conclusive under Section 13 of the CPC.

Your son does not necessarily have to fly to India immediately to do this. He can execute a Special Power of Attorney (POA) in favor of you or a trusted relative, get that POA attested by the Indian Consulate in Dubai, and send it to Delhi. You can then hire a family lawyer in Delhi to file the declaration petition on his behalf.

You can file petition under section 7 of family court act for declaration that marriage is dissolved by Dubai divorce decree 

Yes it can be validated 

Yes!

- As per law, if the matter is contested between parties in abroad Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Since, your son has granted a contested divorce in Dubai , then it is valid in India , and further no validation is required from Indian Court. 

- However, he can file a petition under section 7 of the Family Court in India for the validation of that decree passed by the Dubai Court. 

Dear Client,

A divorce decree issued in Dubai in 2022, where both your son and his wife contested the case and the decree is attested by the Indian Embassy, can be treated as valid in India, but it is usually advisable to get it formally recognised before a Delhi family court for local purposes (such as remarrying, passport‑status, or inheritance). Under Indian law, a foreign divorce decree (especially if both parties appeared and contested) is generally recognised if the Dubai court had proper jurisdiction, followed due process, and the judgment is not contrary to Indian law or public policy (Section 13 CPC principles).

To get it “validated in Delhi”, your son should file a petition in the Delhi Family Court (or the appropriate civil court in whose jurisdiction he resides) for declaration that the Dubai divorce decree dissolves the marriage and requesting the court to record that the marriage stands dissolved under that foreign decree. Supporting documents usually include the original Dubai decree, its attested translation, and Indian Embassy attestation; once the Indian court grants such a declaration, authorities in Delhi (passport office, registrar, etc.) will accept the divorce status. A local family lawyer in Delhi can draft and file this petition on your son’s behalf.

I hope this helps and if you have any further issues do not hesitate to contact us.

Yes, a foreign divorce decree issued in can be recognized and relied upon in India, including in , but the extent of its validity depends upon whether it satisfies the conditions laid down under Section 13 of the Code of Civil Procedure, 1908 concerning recognition of foreign judgments. Merely because the decree is attested by the Indian Embassy does not automatically make it fully enforceable or “validated” in India. Embassy attestation mainly helps establish authenticity of the document.

Since you have stated that the divorce proceedings in Dubai were contested by both parties and both husband and wife participated in the proceedings, that fact materially strengthens the chances of the decree being recognized in India. Indian courts are generally more willing to recognize foreign matrimonial judgments where:

• both parties participated,
• principles of natural justice were followed,
• proper opportunity of hearing was given,
• and the decree was passed on grounds recognized under Indian matrimonial law.

If either party was ex parte, absent, coerced, or if the foreign court granted divorce on a ground completely unknown to Indian law, complications usually arise. But contested participation by both parties is an important positive factor.

In practical terms, there are usually two situations. If nobody is disputing the validity of the Dubai divorce decree, then often the decree may simply be used as proof of divorce for practical purposes such as remarriage, immigration, visa matters, records, etc., after proper attestation and translation if required. However, if you want complete legal certainty in India, especially to avoid future disputes, then the safer course is to approach the competent Family Court in Delhi seeking:

• declaration/recognition of the foreign divorce decree,
• or filing appropriate proceedings relying upon the foreign judgment.

In many cases, parties file a declaratory suit or petition seeking confirmation that the foreign decree is valid and binding in India. Courts then examine whether the decree satisfies Section 13 CPC and whether it offends Indian public policy or matrimonial law principles.

You should keep ready:

• certified copy of Dubai divorce decree,
• pleadings filed in Dubai court,
• proof that both parties contested the matter,
• summons/service proof,
• attestation/apostille/embassy authentication,
• marriage certificate,
• and if not in English, official translations.

If your son intends to remarry in India, obtain immigration benefits, or avoid future legal objections, then obtaining judicial recognition/declaration in India is often advisable though not always mandatory in every practical situation.

Since the decree is from Dubai and involves cross-border matrimonial recognition issues, it would be prudent to consult a matrimonial lawyer experienced in foreign divorce decree recognition proceedings before the appropriate Family Court in Delhi.

You can file petition under section 7 of family court act for declaration that marriage is dissolved by Dubai divorce decree 

If your son obtained a contested divorce decree from a competent court in Dubai, and both parties participated in the proceedings, the decree can generally be recognised in India under Section 13 of the CPC, provided it was:

• passed on merits,
• by a competent court,
• after giving proper opportunity to both parties,
• and is not contrary to Indian law/public policy.

Since the decree is already attested by the Indian Embassy, the usual next step in Delhi is to file:

• a Declaration/Recognition Petition before the appropriate Family Court or District Court seeking recognition of the foreign divorce decree in India.

You should keep ready:

• Certified copy of Dubai divorce decree
• Proof both parties contested/appeared
• Marriage certificate
• Passports/IDs
• Embassy attestation/apostille
• Translation (if not in English)

If the decree satisfies Section 13 CPC, Delhi courts generally recognise it.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor