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Nazim (Engineer)     08 August 2012

498a in india divorce in uae

 

I'm an indian muslim working as engineer in sharjah.me and my wife got married in india in 2009,we were living with her parents in sharjah,we got a son in 2010. In 2010 she filed false 498a (no physical or mental harrasment) against me and my mother.she filed divorce and return of ornaments petition also,i came to india and took AB, i filed RCR in india.then she filed for divorce in dubai court,i'm contesting it in dubai through my advocate there.now her divorce petition in india got dismissed because of her non appearance (she appeared once for counselling),i got ex-partee RCR also.Some of her jewellery is with me (i never demanded anything from them),but she is exaggerating the quantity and asking for huge money from me.the only 

 

problems between us was her family always interfere in our personal matters and didnt allow her to come and live with my new 

 

flat in sharjah.they dont like me sending money to my old parents in india.

 

Now her family is trying for an out of court settlement,i'm not agreeing it as i and my family suffered a lot by their false 

 

498a.Me and my wife were living with no problems,only her father's intention for my money made all problems.now my wife is not allowing me to see my son and living according to instructions from her parents

Now my question is if she get divorce from dubai,will it be valid in india.I dont want her to get divorce as 498a is there in 

 

india against me and my old mother who didnt do any harm to her.



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 August 2012

Hi Nazim,

 

Yes a divorce obtained by her in Dubai, would stand valid in India - if otherwise you got a chance to participate in the proceedings and principles of natural justice were observed.  

 

Since you have got anticipatory bail trust me the worst is already over. If you don't want any settlement don't go in for it, and earn your acquittal ! followed by 182/211/500 proceedings against her

Nazim (Engineer)     08 August 2012

Thank you sir for your reply,my advocate is saying the there is less chance for her to get divorce in dubai,i've already informed the dubai court about the same case in india.


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