Questions & Answers
Checking whether a divorce case is filed against a husband who stays abroad
I am facing a threat of divorce from my wife who lives in the UAE. She is an Indian citizen living in the UAE and I am a Canadian citizen living in Canada. We have a young daughter born on May 25th, 2019. I would like to get possession of my daughter and relocate her to Canada (my daughter is Canadian).
Also, I would like to check if there are any pending cases filed against me by my wife in the UAE that would prevent my travel into the region to visit my daughter.
I also paid in total 78,000 AED for rent and furniture for the apartment where my wife and my kid live in Dubai. I paid for this before my wife decided to separate from me. I have recovered 35,000 AED from her father who is generous and decided to pay me back the money since I never even got to stay in the apartment I had paid for.
Dear questioner,
Definitely, we can help you in this case.
Getting child custody will be quite difficult (as your daughter is quite small now), but still, we can try our best to get it.
We can help you in checking cases against you in the UAE.
Further, we can help you to recover your money as well, provided you have all the receipts of the money spent in the UAE.
Kindly contact us via phone for a detailed discussion or write us an email for further assistance.
Dear sir,
Thank you for contacting me on this!
Before dwelling on the question of custody and maintenance, I would like to stress that your wife cannot file divorce proceedings in the UAE as you do not reside here.
For a court to assume jurisdiction (power to hear the dispute), both the parties should be residing in the state before it, in your case being the UAE. Since you do not stay in the UAE, your wife's case will be likely to be rejected.
Further, you may institute custody proceedings in Canada (if your marriage was solemnized there) or the place where your marriage was solemnized. The relevant court will look into it.
Having said the above, you should conduct an inspection of court records in the UAE to understand if there is any case filed by your wife for divorce and custody.
Assuming if she has filed the case, with the aid of power of attorney, your legal representative can resist the application stating that you do not reside in the UAE and hence the court cannot pass any orders.
I trust you will understand the concept of court powers better now.
If you wish to discuss further or obtain clarifications, then you can email me or contact me via phone.
Regards,
Hari Wadhwana
