Questions & Answers
Understanding the rights of a husband before divorce
I'm an Indian Muslim expat living and working in the UAE. My marriage was solemnized in India. We also have a two-year-old son.
Due to irreconcilable differences, I have informed my wife and our families that I wish to file for divorce. My wife has a residence visa valid till May 2019 but she (and my son) have not been in the UAE since December 2018.
As I live and work in the UAE, I want to file for divorce here. While my in-laws are ok with a mutual consent divorce in India, my wife will not be returning to the UAE.
I would prefer to file for divorce in the UAE as I'm not familiar with the law in India. I also don't want to deal with any potential false charges that could hamper my ability to come back to the UAE.
While my in-laws have not indicated any such actions, I want to prepare for the worst-case scenario. I also would want to have legal visitation rights to him, even if he lives in India post-divorce.
Can any lawyer help me understand my legal options in this case?
Thanks.
Do you need us to arrange a meeting for you so we file the case and explain to you all your rights regarding custody and visiting and the obligations?
The father is the lawful guardian of the child and your name will be seen in records as the guardian and the mother can have right of custody.
Since the situation is cool, the issues can be sorted out in a safe and transparent manner.
But you need to have a legally protected strategy to handle the situation as the counter tactics can disrupt the entire situation.
Feel free to reach me with a full set of facts and details to advise you better. 0527520742
Hi there,
As mentioned, if they don't contest and mutually file for divorce then there won't be many issues except maintenance, visitation rights and the custody of the child.
In case of any probable complaint in India or change of circumstances, it may create a lot of hassle. For detailed discussion please feel free to reach me directly on 0523782456.
Thanks,
S
