Maintenance case filed by my wife in UAE of AED 300000/- per annu
i was working in UAE & my wife along with son ( from her) was not staying with me for almost 2 years after dispute because of my ex wife son who was about 10 year old and was staying with us as custody was granted by Indian court.she has all close relatives for almost 30 years in uae. she left the house on April 14,2012 and was staying with her brother in UAE. i was paying AED 2000 + aed 800 cash per month
My wife opened a file in family sharia court asking for divorce and maintenance just before my son visa & her visa was about to expire. The court called me for counselling, which failed as she put so many unacceptable conditions.She later file a maintenance case ( withdraw divorce as it would be treated as Khula and she will not get anything except iddat period expenses of 3 months) in the main court of AED 300000/- per annum based on my salary of AED 30000/- per month and hired the best lawyer of sharjah . also she had one of the relative working for sharjah ruler in sharjah ruler office who helped her 2012 to register false case against me and now also helping her
The first date of hearing was march 9,2014 but because my mother was sick i came back to India on march 8. also i was getting threatening from her family when i was there in feb. they want me to give divorce and alimony of AED 500000/- otherwise they will implicate me in false cases in sharjah and in india. the plan was to get as much money in uae and after that come back to india and file cases here also. i decided to stay back and later my job was terminated on march 31,2014. the case was going on and she obtained an interim order on April 22 that i need to pay her AED 3000/- per month since march 2014 and if i fail then she can go to police and make complaint after may 5. i was talking to her but she was not telling me anything about court proceedings. it is pertinent to mention here that i had a bank loan of aced 370000/- at the time of termination of my job. i was making arrangement in India to pay back that amount and paid full loan in June. i was about to go after making arrangement for repayment of loan from India i called neighbor and they told me that there is court order stick on my door then i realized that my wife was befooling me.and even she did not inform the court about my job termination and reason for stay in india
i immediately hired a lawyer who started appearing from june/ july onward s and he suggested me to file restitution of conjugal right case in India, which i did.
the case which was going on in her direction almost stopped.when she saw that she can not take any advantage. her lawyer/ she requested for my arrest warrant on the ground of non compliance of court order of aed 3000/per month. the arrest was issued confirmed by my lawyer.
The court asked about my present status from my compan.The company confirmed about termination recently to and will be taken up in next hearing.
Now my father in law send me very threatening email that he got all the papers attested through consulate and MEA .like sharia court papers recommendation, a fine imposed by court of aed 1000/- on me on a false case of hitting her in 2012, medical report of 2012 and then file a case in India and get me arrested
1) is there any chance that based on an arrest warrant in UAE that too in a matrimonial dispute / maintenance case , i will be arrested in India. they are talking about some red corner notice or getting recommendation through consulate general of India.
2) can UAE court take decision in matrimonial case like maintenance and divorce, when the marriage was solemnized in .India and we both are Indian.
3) can they able to get me extradited to UAE.?
4) can they file 498A, dv cases in india based on the court papers attested through consulate.
5) can i get injunction that our case to be heard and decided by india court. in uae language is the big barrier.....
What i should to protect please advice.....
1)should i file petition in delhi high court as MEA is in delhi or should i take the help of apex court. i belong to UP