It is not known if Dubai 'no fault divorce ' is valid in India or not but few updates of Indian law on the subject is given below
No fault divorce means dissolution of marriage, wherein both parties are not required to prove why they need a divorce. It is explained under Section 13B of the Hindu Marriage Act, 1955, that to obtain the same, both parties should file a joint petition for mutual divorce.
According to Section 13B of the Act, mutual consent is required. Both parties should jointly agree to the decision to get divorced. And the petition should state that both spouses have been living separately for more than a year and do not want to live together.
A joint petition should be filed in the family court. They should contain the mutual consent to divorce and state that they have not lived together for more than a year. After a successful petition, the court proceeds with a six month cooling off period, and after that period, the court grants the divorce decree.
In cases where one of the parties withdraws consent during the cooling off period or if spouses are not appearing in court, a no fault divorce can be contested. Also, if there is any dispute during the proceedings and the spouses are not mutual, the divorce may become contested. In these cases, courts consider normal grounds for divorce under the Act.
Irretrievable Breakdown of Marriage: This ground, recognized by the Supreme Court in May 2023, allows couples to seek divorce if their marriage has broken down irretrievably, even without proving specific wrongdoings like cruelty or adultery. This is a significant shift, making divorce accessible in cases where traditional grounds are difficult to prove.
No-Fault Divorce: The emphasis has moved from proving fault to establishing the breakdown of the marriage. This reduces the emotional burden on couples and promotes amicable settlement.
Remember, these are general updates. Specific rules and procedures may vary depending on the applicable personal laws and individual circumstances.
This information is intended for general knowledge and should not be construed as legal advice. For specific legal guidance on your situation, it is essential to consult with a qualified lawyer who can understand the intricacies of your case and provide tailored advice.
