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Removing husband's surname from Indian ex-wife's passport using a Dubai divorce judgment

Dear Lawyers,

My wife and I (Indian nationals) have been divorced in Dubai by the Dubai Court, and we have stamped the court judgment at the Indian Consulate in Dubai, the UAE Ministry of Justice, and the UAE Ministry of Foreign Affairs, granting her custody of the children.

My ex-wife now wants to remove my surname and home address from her passport. Can she get this done at the BLS Passport Office in Dubai by showing the Dubai court judgment, which has already been stamped by the Indian Consulate? Her passport was issued in Dubai.

She is saying that the Indian passport office is NOT recognizing the divorce granted by the Dubai court. Can this be true, or is she lying? The Dubai court judgment is already stamped by the Indian Consulate in Dubai, the Ministry of Justice, and MOFA.

Is it necessary to get a new divorce judgment from India, as we were trying to avoid the cost, time, and effort involved in Indian courts? Could you please guide me on this? I would be very grateful for your help.

Regards,

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 06:19

Dear Questioner,

Thank you for your question!

In order to answer your query, we would need to know the specific details of your divorce judgment and the laws applicable to your case.

However, in general, the divorce judgment issued by the Dubai Court should be recognized and enforced in India as long as it meets the requirements of Indian law.

This means that your ex-wife should be able to change her passport details based on the Dubai Court judgment, as long as it is recognized by the Indian authorities.

However, if your ex-wife is facing difficulties in changing her passport details, it may be advisable to consult with a lawyer who is familiar with both Indian and UAE laws. They will be able to provide you with more specific advice based on your individual case.

In any case, it is always recommended to have a divorce judgment recognized and enforced in both countries to avoid any potential legal issues in the future.

This may require additional time and effort, but it can provide you with peace of mind and ensure that your divorce is legally recognized in both countries.

We hope this information helps. If you have any further questions, please do not hesitate to reach out to us at [--------].

Best regards,

Mo.Salah

19 Sep 2024, 06:01

Thank you, Mr. Mohammad Salah, for your advice!

I am wondering, once the divorce judgment is stamped by the Indian Consulate after the MOFA, why wouldn't the Indian passport office recognize the divorce for name cancellation?

Or is it just an excuse for her to initiate divorce proceedings again in India, which would be time-, effort-, and money-consuming?

19 Sep 2024, 06:01

Though she is offering mutual divorce in India, she is also asking for custody of the children (which has already been granted by the Dubai Court).

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 06:25

Greetings,

Divorce in the UAE is recognized in India without any problems, but the divorce certificate must be certified by the UAE Ministry of Foreign Affairs.

We are honored to provide you with legal support.

For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.

19 Sep 2024, 06:04

Thank you, Mr. Ahmed, for your response!

Our only divorce judgment is stamped by the Indian consulate, Ministry of Justice and MOFA.

Is there a separate divorce decree or certificate also OR just this judgement is enough?

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
17 Sep 2024, 06:37

Dear questioner,

The divorce judgment attested by the Indian Consulate is enough. You don't need to file for a fresh divorce suit in India.

Inquire with the passport office for the real reason for rejection or if any additional documents are required.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 07:20

Dear Questioner,

Understanding Divorce Recognition and Passport Modification Process in Dubai.

When navigating the process of divorce recognition and passport modifications in Dubai, particularly as it pertains to Indian nationals, here are the key points to consider:

1. Validity of the Divorce Decree:

A divorce granted by a Dubai court is generally recognized within the UAE. For Indian citizens, however, recognition by Indian authorities may require additional validation, even with the divorce stamped by the Indian Consulate. This ensures that the decree is accepted cross-jurisdictionally.

2. Passport Modification Process:

Your ex-wife will need to remove your surname and home address from her passport by providing documentation of her marital status change, typically including the divorce decree. The modification process generally involves:

- Completing the application form.

- Submitting the original divorce decree.

- Presenting identification documents.

- Paying any applicable fees.

She should consult the BLS International Passport Office in Dubai for specific document requirements and procedures.

3. Recognition Issues:

If the Indian passport office does not recognize the Dubai divorce decree, it could be due to a lack of familiarity with foreign divorces or bureaucratic hurdles. It's advisable for her to clarify this with both the BLS Passport Office and seek legal counsel if necessary.

4. Need for Additional Documentation:

While many Indian authorities may accept a properly documented foreign divorce, complications can arise depending on administrative interpretations.

If the recognition issue persists, obtaining a divorce judgment from an Indian court might be necessary, despite the potential for it to be time-consuming and costly.

Your ex-wife has valid grounds for passport modification based on the Dubai court's ruling, but recognition by Indian authorities may pose challenges.

Direct communication with the BLS International and relevant Indian consular services will provide the most accurate guidance for her situation.

19 Sep 2024, 06:09

Thank you so much Ms. Hend Al Nuaimi for your detailed guidance to my query and for giving me options.

I have sent a mail to BLS for this inquiry.

Could you also please leave me your number and email so I can connect with you again?

19 Sep 2024, 06:12

You may contact us on [------] or [------] or via email [------].

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 07:30

Dear Questioner,

Thank you for reaching out with your query, and I understand the challenges you’re facing regarding the recognition of the Dubai Court divorce in India.

To address your question, while the Dubai Court’s judgment has been stamped by the Indian Consulate, the Ministry of Justice, and MOFA, the recognition of foreign divorce decrees in India can sometimes be complex.

Indian law may not automatically recognize foreign divorces unless certain conditions under Indian law are met, particularly when both parties are Indian nationals.

This may be why your ex-wife is facing resistance from the Indian passport office.

It is possible that Indian authorities are insisting on a divorce decree from India because Indian courts are generally required to validate a foreign divorce under certain circumstances to be fully recognized.

This could explain why she is encountering this issue. She may not be lying but instead facing bureaucratic complications.

To resolve this, it may indeed be necessary to obtain a divorce decree from Indian courts or at least validate the Dubai court’s decision in India, a process known as "mirror proceedings."

While it may seem time-consuming, this might be the necessary step to ensure that the divorce is recognized and the changes to her passport can be processed smoothly.

I would recommend further exploring the legal process in India to understand if a validation is required.

If you wish, we can discuss how to proceed with this matter and the next steps. Feel free to reach out to me through WhatsApp or phone at [-------] so we can explore the most efficient solution for you.

Best regards,

Suhail Rana

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
17 Sep 2024, 08:18

Dear Questioner,

From the explanation you have given, there are some discrepancies. Normally, a judgment issued here in the UAE has effect at the Indian Consulate as well, but there are certain procedures.

17 Sep 2024, 08:18

Since your issue is a bit complicated, it would be better if we could discuss this in detail. Kindly share your WhatsApp number to proceed.

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