Questions & Answers
How to enforce a mutual divorce from a UAE court in India
I got divorced in Dubai with mutual consent between me and my ex-wife in 2019.
My ex-wife has now engaged a lawyer and is seeking to file a new divorce in India, since as per her lawyer the divorce decree granted by the Dubai court is not valid and binding as we were married in Mumbai, India.
Hence the document doesn't seem to be a valid document and I am legally married to her according to her lawyer. Additionally, since I recently got married again here, they are claiming that a criminal case can be filed since bigamy is not permitted in India.
I was advised that a divorce by mutual consent from Dubai is valid and binding in India as well.
Please advise.
Dear Questioner,
Please note that on 17 January 2020, the Indian Ministry of Law and Justice declared the UAE to be a ‘reciprocating territory’ for the purposes of section 44 of India’s Code of Civil Procedure (Law No. 5 of 1908) (the ‘CPC’), which addresses the enforcement of civil judgments in India (the ‘Notification’).
Thus, as a ‘reciprocating territory’, judgments of the Dubai Courts can now be enforced in India as if they were local Indian Court judgments.
You can contact us on the phone or write to us at our email for detailed discussion and assistance with respect to the procedure which must be followed for enforcing the judgement passed by the UAE Courts in India.
Thanks
