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sanjay (manager)     13 May 2016

Is sharia divorce from uae valid for hindu married india

Dear All,is divorce judged by uae court as per islamic sharia even after appealing for our country hindu law be valid in indian courts.can it be challenged,in that case and so what needs to be done.thank you everyone for your valuable time.

ps:please provide your number as pvt msg,we will talk as i need a good lawyer from kerala to take the case.



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 4 Replies

sanjay (manager)     13 May 2016

Please PM your number as I would like to talk and finalise a lawyer in kerala

Mukesh sharma (job )     14 May 2016

Hi sanjay first you tell about your marriage where your marriage held in india or UAE and as per Hindu law or mulslim law 

coz if your marriage held in UAE and all set by mulslim law then UAE court decision valid and you did not challange him in india if your marriage in india and under hindu law than you challange in india and indian court change this order 

so plz,first discribe it 

thanks 

Vijay Raj Mahajan (Advocate)     14 May 2016

For Hindu marriage solemnized in India between two Hindus domiciled in India only Hindu Marriage Act,1955 applies and the divorce can be granted by the district court/family court in India, who have jurisdiction to do so in the Act.

The foreign court deciding the fate/divorce of the parties covered under the Hindu Marriage Act, 1955 may not be valid in India and can be challenged by either of the parties in Indian court provided the party was not given the consent for the proceedings of divorce in the foreign court nor submitted the foreign court's jurisdiction.

As far Muslim Shariat law can by no means applies to Hindus domiciled in India, nor the Shariat court deciding divorce on the basis of Shariat laws between two Hindus will be valid under the Hindu Marriage Act, 1955.

Sudhir Kumar, Advocate (Advocate)     15 May 2016

prima-facie agreeing with Mr Mahajan.  This is judgement in-percuriam.  means jusgement based on incorrect appreciation/knowledge of fact/law.

 

However I also see it differently - a divorce was filed inany "X" court whereever husband and wife were located and the court decided the issue as per the law prevailing on that soil.  If this view is held valid then a Hindu husband can pronouce triple talaq in any muslim country where it is not fobidden by legislation.

 

So not able to give conclusive view.


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