Q-My marriage was solemnized in India. I and my husband paintings and live in Dubai. We separated some months in the past and are planning to document for a divorce here. We do not have youngsters. Can you stroll us through the process?
We count on that both of you are Indian citizens and are non-Muslims via 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 in case you two intend to record a mutual consent divorce or a contested divorce. In Dubai, the Personal Status Court accepts divorce cases filed with the aid of folks that are residents in the UAE.
In the UAE, 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 in them to apply very own personal legal guidelines of their domestic us of a under which their marriage was solemnized. This is according with Article 1(2) of the Personal Status Law of UAE which states: “The provisions of this regulation shall follow to the residents of the United Arab Emirates except for 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 notarised, 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 put up an application along side the aforementioned files and upon verification of the documents, they may name you over telephone or tell you through e-mail concerning the first assembly with the own family counselor within the Family Guidance Section of the Personal Status Court. Since you both are willing to are looking for a divorce, you may collectively meet the family counselor in the first assembly otherwise you can pass one after the other on specific dates as knowledgeable by using the circle of relatives counselor.
The circle of relatives counselor will concentrate on your grievances and could make his or her efforts to reconcile the variations among the two of you to shop the marriage. In the occasion you each or certainly one of you disagree to reconcile, the own family counselor will provide you another date and will ask you to deliver the terms of divorce/settlement when you have decided to mutually divorce. Thereafter, at the stated meeting, the circle of relatives counselor will look at your terms on which you are inclined to are seeking for divorce and could draft a settlement in Arabic. Upon informing you the contents of the divorce settlement, both of you may be followed through the family counselor to the judge’s chamber and the mutual divorce judgment might be exceeded through the choose if he feels the grounds to furnish divorce are met with the aid of you and your husband.
However, inside the occasion one in every one of you disagrees on the terms of a divorce or is not willing to divorce on the final meeting with the circle of relatives counselor, you may mention the equal 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 in you to 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 by means of 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 a Sikh, you are entitled to publish the legalized translation of the Hindu Marriage Act of 1955 of India and might apply the grounds of divorce stated inside the said regulation.
Further, in case 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 (with out nonsecular rituals) might also follow for divorce by way of 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 if Indians married within the Indian Embassy or Indian Consulate overseas, they’ll observe for divorce through submitting the legalized translation of 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 cited that divorce by mutual consent granted in the UAE under Personal Status Law is legitimate in India. However, in case of a contested divorce, non-Muslims are cautioned most effective to use on the aforementioned laws below which they’re married whilst making use of for divorce. If non-Muslims do now not apply the legal guidelines beneath which they’re married, such divorces granted by using foreign courts might not be legitimate in India. Further, each party to the wedding have to to be present or must be represented by using a prison counsel. If one of the parties to the divorce is absent and do now not agree to just accept the jurisdiction of the UAE Personal Status Court, the divorce granted by using UAE Personal Status Court might be ex parte judgment (judgment in absentia). Such 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 Personal Status Law of UAE shall observe to the citizens of the UAE unless non-Muslims amongst them have unique provisions relevant to their community or confession. They shall equally apply to non-residents until considered one of them asks for the software of his regulation.
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