Is sharia islamic divorce from dubai for indian hindu couple valid in india

what relgion are both of you.

your PM indicates that you are Hindu.

Prima-facie a cforeign judgement canot be challnage din India.

The Hindu Law applies on you which has been overlooked by Dubai Court.

You have either not presented facts properly at Dubair court or they could not imagine nay marriage to be existing other than islamic nikah.  Only perusal of papers can reveal that how strong your case could be.

Originally posted by : sanjay
	My wife and i have been separated for 3-4 yrs,she filed a divorce under Sharia Islamic law in Dubai accusing me of deserting her and was alcoholic as per her lawyer.The court could not find actual evidence but since one of the couple wanted separation they judged divorce.Is this divorce issued by Dubai court under Sharia Islamic law valid in India.What should i do,file RCR?

Your chances of succeeding are negligible. If your former wife's/ wife's case is defended by a seasoned advocate, probably it will be a futile exercise of wasting time, effort and money on your part. Many questions of law are involved. Marriage is matter of individual human rights of freedom and liberty guaranteed by Constitution of India. Any marriage's foundation is mutual consent. No court can force husband or wife to live together, if there is no mutual consent to cohabit and continue the marriage. Since foreign travel, work or residence is matter of basic human rights under Part III of the Constitution, no law or it's interpretation can say that if marriage has taken place in India, then divorce also MUST always happen in India. It will be plain injustice.

India is a Common Law country. Many Common Law countries have "no fault" divorce. They allow either spouse to demand a unilateral “no-fault” divorce, prioritizing the liberty/ autonomy of the departing spouse over the other spouse’s desire for community and stability. Liberty/ autonomy in the sense of self-actualization and self-definition is taken as a metaphysical highest good (or right), ordering other, lesser goods (or rights). As the U.S. Supreme Court mused in its decision in Planned Parenthood of Southeastern Pennsylvania vs. Casey: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”  More details can be read in following thread https://www.lawyersclubindia.com/forum/details.asp?mod_id=129600&offset=2