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Preetha (Admin)     29 June 2011

Suggestion on Divorce

Hi All,

 

This is with reference to my brother’s marriage. He works in Dubai. My brother was married to a Mauritanian national in the year 2005.After fews months both got separated for silly misunderstanding. After that my brother and my family members tried to convince her, she was not interested to come back. After that we were not in touch. Now my brother wants to divorce her. More over she has got married to somebody else and having a baby. Please suggest how do we go about it.

 

 Regards,
Preetha



Learning

 5 Replies

Advocate M.Bhadra   29 June 2011

Divorce Suit have to filed where the Marriage was solemnized or  both the parties were last residing.If any party would not appear in the suit ,the court may passed an ex-parte order.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Preetha,

 

There are several questions to be cleared before finding a solution.1) Which religion the both belongs 2) Where the marraige took place 3) Whether it was a legal marriage.etc.

If the marriage took place at Dubai and the both are hindu's, he can approach the dubai court to get divorce as well he can complain the dubai police for her living with another person since it is a serious crime at UAE and would be deported after imprisonment. There is no such complexity as in India at Dubai to get divorce.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Preetha,

 

I have suggested some notes before but i would like to say that if that lady belongs to Muslim religion and your brother is a hindu, ther is no scope for a legal marriage at Dubai but he has to change to Muslim religion to legally getting married. But he can file a complaint before the Dubai police for Adultary and before the court for Divorce.

Preetha (Admin)     30 June 2011

Hi,

 

My brother and sis in law belong to Hindu family. Marriage happened in Bangalore. We don’t have any marriage registration certificate with us. We have only invitation card and Marriage photo.

How long will the process take place? Currently she is in mauritius at her mother’s place. She is not ready to come back to India.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     30 June 2011

Hi, Your brother has to file a petition for divorce before the concerned court by furnishing correct address of his wife at Morocco and the summons can be delivered through the Indian embassy at Morrocco. If the summons served properly and she is not ready to appear before the court on hearing date, you can get an exparte order. But being a little complicte issue, it will take a minimum 6 months to one year to get an order in this respect.


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