Concerned (Business) 21 September 2014

Getting divorce in uae

Hi, need some clarification.

i live in uae from last 15 years. I got married 2 years ago in india as per Hindu rituals. My wife came to uae on my dependency permit. We had compatibility issues and she left me 1 year ago with all her stuff and went back to india. We have no kids. Since then, she is in no interest to even talk to me.

I enquired and I can get divorce in uae as per international law and get it attested by indian commission here. My question is that if this divorce can be contested in india later? Can she cause trouble to me in india?

thanks

Reply Follow

7 Replies

Hardeep (Business) 21 September 2014

If you are married under Hindu Marriage Act, only a divorce under same Act will hold in India. Just for my info which international law is being cited here - any website?

Hardeep (Business) 21 September 2014

Addendum : both parties have to be hindu

Concerned (Business) 21 September 2014

Addendum: both parties are Hindu. In uae , there are 3 laws. Sharia, uae and indian law. The lawyer says that it will be done through uae laws and decree can attested by indian consulate completing the process. Since the wife in not here, it can be done in her absent is.

i have asked more than 1 lawyers and it look likes a normal process. What I am not sure is its validity in india?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 22 September 2014

Dear concerned

No doubt you can get divorce in your country but it has no validity in India.

As per International Law, There are two options for you.

First get divorce from India. (Mutual divorce and Contested Divorce)

Second: Get divorce in your country then execute the same decree of divorce in India. but it also need precaution, so before you file case in your country, better to engage any local lawyer in India also.

Regards

adv.kamal.grover@gmail.com

Hardeep (Business) 22 September 2014

It may be helpful for you to read the following :

https://timesofindia.indiatimes.com/city/delhi/Ex-parte-divorce-decree-by-foreign-court-invalid-HC/articleshow/19717428.cms

And many more similar in the net......

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Rahul Kapoor (Legal Enthusiast) 23 September 2014

hello Mr concerned,

file for MCD or on any other ground in India through Special power of attorney.

regards-

rahul.gogreen@gmail.com

T. Kalaiselvan, Advocate (Advocate) 30 September 2014

The marriage performed as per Hindu law can be dissolved by a decree of divorce only under the provisions of HMA, any divorce decree obtained under any foreign law will not be valid in India.

@Raj 123: your question is absurd, this is not a question put to others in this forum or elsewhere, one has to do it on his own.