Q-My marriage was solemnized in India. My husband and I paint, and I live in Dubai. We separated some months in the past and are planning to document a divorce here. We do not have youngsters. Can you stroll us through the process?
Answer
We count on both of you being Indian citizens and non-Muslims by religion. You and your husband are willing to document divorce inside the court docket based totally inside the emirate of Dubai. We are not conscious of whether you two intend to record a mutual consent divorce or a contested divorce. In Dubai, the Personal Status Court accepts divorce cases filed with folks who are residents in the UAE.
In the UAE, a divorce decree can be acquired below Sharia Law for Muslim expatriates and non-Muslims may also observe provisions of Federal Law No. 28 of 2005 concerning non-public reputation (the ‘Personal Status Law’), which lets them apply their very own personal legal guidelines of their domestic we of a under which their marriage was solemnized.
This is according to Article 1(2) of the Personal Status Law of UAE, which states: “The provisions of this regulation shall apply to the residents of the United Arab Emirates, except that non-Muslims among them have unique provisions applicable to their network or confession. They shall similarly follow to non-residents except certainly one of them asks for the application of his regulation.”
You or your husband may start with method the Family Guidance Section of the Personal Status Court, Dubai at the side of the underneath mentioned documents:
Original and replica of marriage certificate, which is duly notarized, attested by using Ministry of External Affairs India, UAE Embassy in India and the Ministry of Foreign Affairs & International Co-operation inside the UAE; Original Arabic translation of the aforementioned marriage certificate duly attested by using a criminal translator in the UAE and Ministry of Justice, UAE;
Original passports or UAE Resident Identity Cards;
Copy of passport, copies, visa pages, and UAE resident identity card. The Family Guidance Section of the Personal Status Court, Dubai, will request you to apply alongside the aforementioned files. Upon verification of the documents, they may call you over the telephone or email you through e-mail concerning the first assembly with your family counselor within the Family Guidance Section of the Personal Status Court. Since you both are willing to look for a divorce, you may collectively meet the family counselor in the first session; otherwise, you can meet one after the other on specific dates as knowledgeable upon using the circle of relatives counselor.
The circle of relatives counselor will concentrate on your grievances and make his or her effort to reconcile the differences between the two of you to save the marriage. On occasion, you each or certainly one of you disagree to reconcile, the family counselor will provide you another date and ask you to deliver the terms of divorce/settlement when you decide to mutually divorce.
Thereafter, at the stated meeting, the circle of relatives counselor will look at your terms on which you are inclined to seek divorce and draft a settlement in Arabic. Upon informing you of the contents of the divorce settlement, both of you may be referred through the family counselor to the judge’s chamber, and the mutual divorce judgment might be granted through the court if he feels the grounds to grant divorce are met with the aid of you and your husband.
However, on the occasion one of you disagrees on the terms of a divorce or is not willing to divorce at the final meeting with the circle of relatives counselor, you may mention the same to him/her. The circle of relatives counselor will listen to you and issue a letter to both of you or one of you, which lets you technique the Personal Status Court at once and apply for a contested divorce. The stated letter issued via the Family Guidance Section of the Personal Status Court could be valid for 90 days.
While you approach the Personal Status Court without delay upon of completion of Family Guidance Section requirements, you can have interaction offerings of a prison counsel and record for divorce within the court filing all of the required files and the letter issued using the Family Guidance Section of the Personal Status Court in case the divorce is contested among you and your husband. If you are a Hindu, Jain, Buddhist, or Sikh, you are entitled to publish the legalized translation of the Hindu Marriage Act of 1955 of India. You might apply the grounds of divorce stated in the said regulation.
Further, if you are a Christian, Parsi, or a Jew, you need to use the legalized translation of the Indian Divorce Act of 1869. Those who had inter-religion marriages or had marriages only via registration (without nonsecular rituals) might also follow for divorce by filing the legalized translation of the Special Marriage Act of 1954 of India.
If one of the parties to the wedding is a foreigner or an Indian married within the Indian Embassy or Indian Consulate overseas, they’ll observe for divorce by submitting the legalized translation of the Foreign Marriage Act of 1969 of India. Muslims are entitled to use the Sharia Law as its provisions are widely uniform for the duration of the sector. However, they may inform the Personal Status Court regarding the neighborhood customs related to marriage for Indian Muslims while applying for a divorce.
It should be noted that divorce by mutual consent granted in the UAE under the Personal Status Law is legitimate in India. However, in case of a contested divorce, non-Muslims are cautioned most effectively to use the aforementioned laws belunderich they’re married, whilst making use of them for divorce. If non-Muslims do not apply the legal guidelines under which they’re married, such divorces granted by foreign courts might not be legitimate in India.
Further, each party to the wedding must be present or represented by using prison counsel. If one of the parties to the divorce is absent and does not agree to accept the jurisdiction of the UAE Personal Status Court, the divorce granted by the UAE Personal Status Court might be an ex parte judgment (judgment in absentia). Such a divorce is legitimate within the UAE. However, ex parte divorce judgments granted by using overseas courts may be challenged in India.
Know the regulation
The provisions of the Personal Status Law of the UAE shall apply to the UAE citizens unless non-Muslims amongst them have unique provisions relevant to their community or confession. They shall equally apply to non-residents until one of them asks for the software of their regulation.
