Questions & Answers
Questions & Answers
4 available 4 • View allHow to enforce a mutual divorce from a UAE court in India
6
Q: 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.

Mar 11, 2021
1364
Responding to divorce proceedings and seeking settlement by the wife
0
Q: Hello Ma'am,
My friend is living in Dubai with her husband and they are married for 11 years now. Both are Indian Hindus married in India. The husband wants to divorce my friend.
She is financially fully dependent. The husband has filed for divorce in Dubai and they are called for first guidance meeting. The reason for divorce is nothing but incompatibility issues.
The husband feels that the wife is not smart and educated enough as per his standards and since a long time is finding a reason to get part ways with her.
He has been trying since long that she just leaves on her own and he would not have to do anything for her. When nothing else worked, he took this step.
She is very naive. He wants her to sign the paper in the guidance office. The most important thing is that she has nowhere to go if this divorce happens.
They have no kids. However, the way he is keeping her now and all these years, she is just happy to stay that way only and does not want to part ways with him.
How can she avoid this divorce from happening?

Feb 14, 2019
861
Filing a case for custody and expenses after divorce
1
Q: I am divorced as per UAE personal status law 28/2005. I have filed for custody and expenses for my 8-year-old kid.
Kindly advise the procedures with the court and the documents required. Also, my husband is threatening to get the property which is under my name in India, can he file a case here in Dubai?

Mar 21, 2021
378
Removing husband's surname from Indian ex-wife's passport using a Dubai divorce judgment




1
Q: 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,





+1
Sep 17, 2024
133
Legal blog
2 available 2 • View allDeclaring the UAE as a Reciprocating Territory of India 2
As the bilateral relations between India and the United Arab Emirates have witnessed a rapid growth in the recent past, and to further augment their strategic partnership, the Central Government of India has on January 17, 2020, declared the UAE to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (CPC).
Feb 20, 2020
1709
Enforcement of Civil and Commercial Judgments in the Courts of India 3
Within the framework of judicial collaboration, India and the United Arab Emirates (UAE) entered into an agreement in October 1999 on juridical and judicial cooperation in civil and commercial matters for the service of summons, judicial documents, commissions, execution of judgements and arbitral awards (the 1999 Agreement).
Mar 2, 2020
2253
Laws & Regulations
2 available 2 • View allFederal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75402
Federal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49128

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