Divorce case
Raj Kumar
(Querist) 22 November 2014
This query is : Resolved
I filed a divorce petition in India on 16 Sep 2014 and the first hearing took place on 17 Nov.
My wife separately filed a divorce petition in the Dubai courts on 14 Oct (after a month of my filing the petition). First hearing took place on 6 Nov.
However, my petition was registered one month earlier than my wife's.
Can I tell the Dubai courts to cancel her case on the ground that I have already filed the divorce case in India? Shouldn't the date of first registering the divorce petition at my end be considered in the Dubai courts?
Uday Kumar
(Expert) 22 November 2014
Keep in mind Dubai is different Country and Indian Law is not binding
Seems both are interested in Divorce , you also fined petition and she also filed So AIM is one i.e. get the divorce
let you pursue your divorce petition in India and take decree, In that case I find you get divorce easily
No need to pursue the matter in Dubai
With Regards
Uday Kumar
Advocate
adv. rajeev ( rajoo )
(Expert) 22 November 2014
When you both are ready for divorce then why don't you both file consent divorce petition in India
Raj Kumar
(Querist) 22 November 2014
Thank you Mr. Kumar for your valuable suggestion. I am sorry I didn't tell you that I work in Dubai on residence visa and my wife lives with me. I filed the divorce petition in India and she filed in Dubai
Devajyoti Barman
(Expert) 22 November 2014
You have to check with UAE Laws to find out whether they can allow 2 divorce cases in 2 countries.Take advice of an UAE lawyer.
Indian law does not debar such thing.
ajay sethi
(Expert) 23 November 2014
you can refuse to participate in dubai divorce proceedings and return to india . is divorce petition filed on grounds recognised under HMA?
Rajendra K Goyal
(Expert) 23 November 2014
calculate / compare pros and cons for divorce if taken at Dubai and in India. If the terms are acceptable you can accept divorce there, otherwise proceed with your application in India.
T. Kalaiselvan, Advocate
(Expert) 26 November 2014
A decree of divorce obtained in a foreign country for a marriage solemnised in India as per Hindu religious rites and customs is considered not valid and binding in India. Therefore you can pursue the divorce case filed in India, let she do anything, it will not be valid and bind you.
