Ex-parte divorce in Dubai

I don't know about Dubai, but in most of the countries one party can get ex-parte decree of divorce if they are immigrants.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you sir for your quick reply,i have one more question can i contact indian embassy to prevent dubai court from issuing a divorce decree as the same divorce case is still pending in indian court.Thank you for your time.

@ Author

1. The Divorce has to be initiated either at the place where the marriage was solemnized (in your case in India) or the places where together parties had been living or where either parties had been living for the past one month in India.


2. The Divorce OP can only be initiated in India.
Reasoning: She is your sponsorship living in Dubai. Cut that off expressly she is bound to be deported back to India !
In such situation remedy for her: She ill either have to seek an independent work permit or return to India in case you cancels your sponsorship.


3. She cannot initiate the Divorce proceedings through local Court at all when she has already intiated oine here in India and no judicial pronouncement have come through.
Remedy for you: Send scan copies of Indian Divorce papers that she initiated here before initiating second one in Dubai at their Jurisdiction Family Court and ask for stay of proceedings there or dismissal as no person can be prosecuted at two places even as per International Jurisprudence (law) is concerned.


4. For seeking divorce she have to travel back to India. The process begin by her giving a copy of Divorce Petition to you in case that has not been given already and you just have a vague hint of it that she filed one here in india ! . 


Parting remedy for you: Fax scan copy of Indian Divorce application that she filed here to Dubai Court and ask them to dismiss the same as she has first succumed to Indian Jurisdiction and she cannot be allowed to do "forum hunting"


But apart from all these don't you want divorce ? Think !

Thank sir (Tajobsindia),I will do what you said...i dont want divorce because her father brainwashed her and trying to destroy the future of my son.i miss him too much.

Thanks a lot for your time.

@author

Indian consulate can do Counselling ONLY ,if you DO NOT want divorce.

Indian Consulate has no role in it, rest is rightly advised by Tajobs.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

If you lost job and that is why you came back to india and you could not attend the court there, then the divorce decree granted by that court will not be validated by indian courts, if you challenge that decree in indian court.  If you resigned the job and came back to india only to avoid divorce proceedings, then the story is different.  The indian courts will see that whether you have been given fair opportunity to contest the divorce case or not.  In addition to this, indian courts will see the grounds on which she applied for divorce and got the decree and whether those grounds are applicable on indian soil to get divorce decree or not.  If such ground(s) are not available in Indian law, that divorce decree is declared void by indian courts.  I recommend you to go through one other thread initiated by someone  Sh. Vikas Mahajan for his sister.  There, the view points expressed by the people there and their responses here, you compare and come to your justified conclusions. 

welcum bck chandu sir.

Thank you chandu sir for your reply...i'll search for the thread you mentioned

Thanks for all who replied here....

Ld. Adv. Chandu,

What you guiding to author I differ bze of few fundamental que.


Que.: Can a person be allowed to do forum hunting?
Illustration: The lady in que. in this author's brief has already initiated a divorce proceeding in India and the author is aware of it as well as while sponsered living in Dubai she is initiating another / second divorce proceeding there too and same is mentioned clearly in his two briefs.


Reasoning:

1. If we go by your hurried advise then all a person has to do is to use all forums international / domestic and file mutliple divorce proceedings on same person and that person will run from one court to another challenging them and as per you 'court has to see if grounds are applicable or not!" I mean is a defendent left with this way of sitting duck option kya ?


2. Job status of husband is no ground to challenge or applicability of foreign divorce if she manages to get one by un-clean hands (for a simple fact she already filed one here in India before filign another in Dubai !) and whether he got terminated from his job there or resigned from his job is no ground at all for decree challenge here in India is my view.


3. The other re. post of Mahajan that you are taking this author to read is on different grounds / issues there the primary fact is that a husband initiated divorce in Ireland and wife side living in India does not want a divorce and calling him to India which that post husband is giving a thumbs down to meaning he says do whatever I will not come to India. Here for clarity for this author reference to that post facts is not applicable at all so guiding our answers there in Mahajan's post and our answers here in this authors post are just indirect way of forum hunting advise from your ld. stables is my differed view!


Rest is your accumen to guide authors in various post and I couldnot resist rebuting in above clear way to your post reply here which I find difference of opinion.

 

Nazim,

Im also in situation similar to yours..can i take your contact details like email or telephone number

Thanks

Ali