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Jameer   19 February 2019

Mutual divorce and alimony / maintenance - divorce in dubai

Hello,

My name is Jameer (Muslim) currently working in the middle east, we were married in India. My wife has approached the Dubai Family court for a Divorce on grounds of cruelty, mental torture .... etc etc.  what all nonsense she can. and ultimately the court said they cannot provide any divorce as in her petition its was written like a Serial parmparaa. The Dubai court called me for a consultation saying that my wife is asking for a divorce and I denied it initially as there is no ground for divorce. Later Dubai court itself asked her to modify the petition for Mutual Divorce.

Now my Concern is 

- I don't know why she is asking for a divorce..?

- I think she is trying to get a divorce from here and Alimony in India (Looks like a gold digger for me now, I think this idea is from her dad).

The Dubai court says they will protect me from any Divorce/ Alimony / Maintenance course in the future 100%, but she can still file for maintenance in India right ..?

_ If I need to be protected completely what should I mention in the divorce papers for to have complete immunity against my wife filing a CrPC case in India.

I cannot jump around here and there for court hearings IF this has to end in One agreement thats it.

Awaiting Valuable Replies.

Jameer



Learning

 5 Replies

Jameer   19 February 2019

- She is also not picking up my Phone and is staying with her dad now.

- She has completely deserted me , I am not able to see my baby daughter also.

 

 

Vijay Raj Mahajan (Advocate)     19 February 2019

Look the divorced wife can always seek maintenance under section 125 CrPC, DV Act, although the Muslim law prevailing in India may provide some relief to Muslim husband if the Divorce is taken according to Sharia Muslim Law in India. Muslim wife can always seek dissolution of marriage under the Dissolution of Muslim Marriage Act from Family Court in India. The Indian Courts come in relief for Muslim woman and her children under section 125 CrPC in most cases and allow lifelong maintenance to such woman until she remarry after divorce from the previous husband and if that's not happening for her than trouble for divorced husband remains. Keeping all this in mind whatever agreement you reach with her before divorce in Dubai, you must take all such issues settled otherwise even after that divorce there the trouble may continue here in India.

Jameer   19 February 2019

It seems like she is never going to marry anyone. It's like a feminist Attitude she has. When I was with her she used to say that Feminism is the best and all sorts of stuff. I thought All these was a joke in our marriage life and didn't take it seriously. On the other hand, She has younger sisters and Brothers who have to get Married, I hope this will put a force in her relatives to get her married after our divorce.
How do I prove to the court she is abusing the CrPC 125 Law...?

She also has a job here, she has a masters degree and she is also earning an equivalent salary as mine.

Can I put a clause saying if she goes against me for Maintenance in the future she has to pay me equivalent amount to me first.?

Can I put the words "The second Party (my wife) as per the mutual agreement completely relinquish her right to maintenance and will not approach any court for futher maintanence to any court in the future as per the islamic shariah " ..?

Shashi Dhara   20 February 2019

Convince her for one time settlement and take divorce with the help of eminent. International advocate.

Jameer   20 February 2019

Convincing her is not possible, Her mind is stuck with Wrong Info passed by her dad.

I ve met some lawyers here, all of them says you cannot prove she is trying to abuse the CrPC law unless and until there is a piece of evidence just for the act for getting money.

The Lawyer says Islamic Shariah is also valid in India, and in the divorce certificate write down the wife has deserted the Husband.


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