Divorce case filed in 2 different countries

Kartik Iyer (Querist) 17 April 2017 This query is : Resolved

Hello experts of Lawyers Club of India

I am Kartik a NRI professional based out of Sharjah, UAE since 2008. It is sad but I am going through a messy divorce.

The background of my case is :
I got married in Mumbai to a Hindu maharashtrian girl in 2010. All was fine and we moved as a family to UAE where I was working in 2011.

However once in UAE we started having marital problems and my wife started getting agitated with the way things are in UAE.
We had a girl in 2013 hoping for things to get better but they got worse.My wife started living with my girl child in some friends house in UAE claiming they were childhood friends. It is later I found out that she had developed extra martial relationship with another Indian marathi guy.

Please also note that my wife too is a NRI as she has been living in UAE for over 6 years now.

As we were living apart I filed for divorce under Hindu Marriage act in UAE against my wife after reconcilliation failed.
Everything was going fine with the divorce preecedings except that I received a legal notice from my wife's lawyer in India stating that a case of divorce has been filed against me in Family Court in Bandra Mumbai on the grounds of cruelty and abadonment.

1)My question to the experts is that when proceedings for divorce are already filed by me under Hindu Marriage Act in UAE can my wife file a similar divorce case (which is actually false) in courts in India under Hindu Marriage act.
2)If this is possible and both cases are pursued concurrently which court will have the right to grant divorce. For eg if I there are certain terms of settlement agreed in UAE and certain terms of agreement agreed in Indian courts which will be applicable.
3)Also can the case that I have registered in UAE as a NRI be transferred in India.
4)If same case cannot be registered in different court under the same act I would want the case to be pursued in UAE hence what should I do of the case in Mumbai India.

Please clarify my doubts as I am quite confused and stressed.

Regards

Kartik
Sharjah ,UAE

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Guest (Expert) 17 April 2017
Better to avoid all sort of troubles talk to your wife in a polite and peaceful manner and convince her for Mutual Consent Divorce which could be completed in 6 moths with two visits of both of you.You are not Enemies and even if you both meet any where after divorce you should have a smile.What ever happened is happened and get separated Peacefully with out wasting time in Courts.

Adv. Yogen Kakade (Expert) 17 April 2017
I agree with Mr. Narasimha

Rajendra K Goyal (Expert) 17 April 2017
Q:
1)My question to the experts is that when proceedings for divorce are already filed by me under Hindu Marriage Act in UAE can my wife file a similar divorce case (which is actually false) in courts in India under Hindu Marriage act.

Reply:

whether notice received by her regrading divorce case filed by you. Bring the fact on the court file regarding the pending case in UAE. If court reject your plea may go for appeal with preying to keep the proceedings pending till appeal decided.

Q:
2)If this is possible and both cases are pursued concurrently which court will have the right to grant divorce. For eg if I there are certain terms of settlement agreed in UAE and certain terms of agreement agreed in Indian courts which will be applicable.

Reply:
Hypothetical question at this stage.

Q:

3)Also can the case that I have registered in UAE as a NRI be transferred in India.

Reply:

No such provision.

Q:.

4)If same case cannot be registered in different court under the same act I would want the case to be pursued in UAE hence what should I do of the case in Mumbai India.

Reply:

Discuss with your lawyer.

Ms.Usha Kapoor (Expert) 18 April 2017
Agree with Narasimha.

Guest (Expert) 18 April 2017
Thanks to Ms.Usha Kapoor

Dr J C Vashista (Expert) 18 April 2017
The later suit filed in India shall be stayed as it is hit by res-judicata, if your wife adventured to file in India.

Discuss with your lawyer.

Divorce case filed in 2 different countries

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