Questions & Answers
Divorce by mutual consent and the applicable law
Hello,
I am an Indian Hindu expat residing in the UAE since 2009-12 & 2013 till date and married since 2009. I hold an employment visa and not dependent on my husband.
I have been living separately from him since March 2018 to date and we both mutually want to divorce due to compatibility issues. We do not have children, assets or bank accounts or any liability as a couple.
Please advise if we are to acquire a divorce in the UAE, will it be legit in our home country India?
Are we to request for Indian Hindu laws/procedures for the divorce here?
Dear Questioner,
Good afternoon. Thanks for contacting me online.
Since both of you have a residence visa in the UAE, you can move an application for divorce before the family court here in the UAE and the judgment from this court is valid in India also.
And if both of you are interested, you can apply for the application of the Hindu law and procedures also.
Please feel free to contact me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further clarification on this.
Regards,
Anitha Rajeev
Dear Questioner,
Please note that you can appeal for home country law if you wish you the same to be applied over your matter.
Please note the Article 1 of the Federal Law No. 28 of Personal Affairs, "The provisions of this Law shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law".
You can apply for mutual divorce in the Personal Status Court and will be able to get a judgement within 1-3 months.
If you need any further assistance or information please feel free to contact me.
Thank you.
Regards,
Rajasree Ravivarma
cloudsdarker@gmail.com
0544461746
