Divorce case in dubai and india at same time,498a


 

I am an Indian muslim from kerala.i was working in dubai as Engineer from 2008 to 2011 October.I got married in 2009.my wife's family is staying in dubai,after marriage i was staying with my wife's family in sharjah.in 2010 i got a baby boy.My father in law was very greedy...i spent most of my savings at his home,my wifes parents was interfering in each and every personal matters.in 2011 January i decided to move to a new flat with my wife and son.but my father in law didnt send my wife and son with me (Both are in my sponsorship).So many people tried for compromise but her father was asking for my savings and asked to register my property worth 1 crore to my wifes name.We didnt agree.

In 2011 April they came to kerala and registered a divorce and 498A case against my mother and me and gave a false complaint that i took all the gold of my wife and was harrasing her for more dowry.in fact i didnt beat her even for a single time,gave all the fees for her education in dubai,purchased most of the furniture in her fathers flat...my mother was also very caring,all my relatives neighbours and friends know this.

Me and my mother took anticipatory bail.My son is in the custody of my father in law.in October when i was in dubai i got a call from dubai court that my wife filed for divorce,child custody and return of ornaments,Alimony there also.i didnt go for counselling.I resigned my job after 20 days because i was not able to run cases in dubai and india together.I cancelled my labour contract and went back to india in october.I was not able to cancel my Immigration Visa because,first i have to cancel the visa of my wife and son.but my father in law was not giving me their Passport.without their passport i was not able to cancel visa.My father in law send summons from dubai court through DHL courier to my home 3 times but we didnt accept it.My wife appeared in dubai court for divorce 3 times.Now the case status in Dubai is "Notification for notice of acion".I was not able to find a new job in dubai because to  join a new job i have to cancel the residence visa of my family first ,only after that i'll get a new Visa.My company asked me to come back to dubai soon and fight in dubai court with an advocate.

I appeared in indian court for 4 times but my wife (the petitioner) didnt appear.in december 2011 i filed RCR.My wife came came to know that if she dont appear for the 5th time the case will be dismissed.

She came to india for one day and appeared in the court and went back to dubai the same day beacuse she has to appear in dubai court the very next day.She told the councellor that she dont want to live with me.

My questions are 

 

1. Will this Same divorce case between two persons run simultaneously in two countries?

2. If she get a divorce from dubai (Shariat court) in future,will she be able to execute that divorce in india.She filed for divorce in india first and appeared in the indian court and still that case is running and the RCR filed by me also is there.In dubai it is very easy to get a divorce for ladies without any reason.I may go back to dubai soon and appear before dubai court through an advocate.

3.Is there any problem for me if i go to dubai (I didnt accept any summons from dubai court).

4. Can i file any case in india showing that after giving case in india she filed case in dubai also only for harrassing me.

5.How to  prevent my wife from taking my son back to dubai when she come to india, i'm missing him too much.

 

Please help me with your valuable suggestions.

 
Reply   
 
LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Dear Mr.Nazim,

 

You have not indicated as to which place you got married - i.e. whether in India or in Dubai.   If you are married in India and both of you are Indian Citizens, I am of the view that you have got a strong case to conduct/defend your matrimonial cases in Indian Courts only.   Whatever steps, so far, taken by you seem to be in order.  Please get in touch with a good local Lawyer at your place in Kerala and seek his guidance as to how you can build up strong legal  footing against your wife/father-in-law.   Let me caution you that Indian Law is heavily in favour of the women folk and as such it would be advisable for you to move fast.

 

 

Best wishes,

 
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Thank you for your reply sir..i got married in india only,my lawyer in india is saying that we will defend the case if my wife get a divorce from dubai.

 
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Legal Evangelist - TRIPAKSHA

Your lawyer is right.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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