For Indian expatriates in the UAE, obtaining personal legal solutions such as divorce may raise problems concerning jurisdiction, procedure, and recognition by law. Among the most common questions posed by Indian couples who reside in the UAE is: Can we obtain a divorce in India even if we were married in Dubai and are currently residing in the UAE?
The short answer is yes, Indian expats are eligible to apply for mutual consent divorce in India, provided that certain legal procedures and documents are followed. This article is a clear and legally accurate description of how Indian citizens living in the UAE can apply for divorce in India while remaining compliant within both UAE and Indian law.
Divorce Laws in the UAE for Non-Muslim Indian Expats
Non-Muslim residents in the UAE can apply the UAE Personal Status Law for Non-Muslims as per Federal Decree Law No. 41 of 2022. This law applies to marriage, divorce, inheritance and child custody for non-Muslim expatriates in the UAE.
As per Article 1(1) of the decree:
“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage…”
This means that Indian non-Muslim couples can either choose to proceed under UAE civil law or opt for their home country’s personal laws, which in this case would be Indian law.
Filing for Divorce in India: What Indian Expats Need to Know
Non-Muslim Indian citizens who are Indian citizens can seek divorce under the personal laws of their religion. The court where the case can be filed depends on a few important factors:
- Permanent Address: You can file for divorce in the area where you (or your spouse) have a permanent address in India.
- Where You Last Lived Together: The court where you and your spouse last lived together can handle the case.
- Wife’s Current Residence: The wife can also file for divorce in the location where she is currently living.
- Where the marriage took place: The divorce can also be filed in the place where the marriage took place.
The Indian courts have jurisdiction to process divorce petitions when either you or your spouse has a valid domicile or residence in India even if you both currently live in the UAE.
Key Steps for Indian Expats to File Divorce in India
The following steps apply when you married in Dubai or any other location within the UAE:
- Get the Marriage Certificate Translated and Attested:
- You need to translate your marriage certificate into English or a local Indian language when it is written in Arabic.
- The translated certificate needs attestation from the following authorities:
- UAE Ministry of Justice
- UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC)
- Consulate General of India in Dubai
The authentication process makes your UAE marriage certificate valid for use in Indian court proceedings.
- Appoint a Lawyer in India
You and your spouse should choose a family law lawyer in India to manage your mutual consent divorce case. The lawyer will submit the case to the court that has jurisdiction over the matter.
- Execute a Power of Attorney (POA)
A Power of Attorney can be given to your lawyer if you cannot attend court sessions in India frequently. This POA must be:
The document needs to be notarized by the Indian Consulate in Dubai and possibly legalized in India based on court requirements.
- Mutual Consent Divorce Proceedings in India
A mutual consent divorce begins with the joint submission of a petition to an Indian family court by the couple. This process includes:
- First Motion: The first court motion requires both spouses to submit a joint application that confirms the couple has been living separately for a specified period and cannot live together, and that they have mutually agreed to dissolve the marriage.
- Cooling-off period: A minimum waiting period of 6 months (waivable by court in some cases).
- Second Motion: During the Second Motion the court conducts a final hearing to issue the divorce decree.
Note: The court has the authority to order personal attendance during motions which could need travel to India.
FAQs on Divorce for Indian Expats in the UAE
Q1. Can we stay in the UAE and still file in India?
Yes, if you fulfil the jurisdictional criteria mentioned above and have granted the Power of Attorney in favor of your lawyer, your lawyer will be able to file the case on your behalf.
Q2. Will the Indian divorce be valid in the UAE?
Yes, once the divorce decree is granted from India, it can be attested by the Indian Ministry of External Affairs, legalized from the UAE Embassy in India, and finally attested from MOFAIC in UAE for it to be used locally.
Q3. Do we have to be physically present in Indian court?
Usually yes, but courts may accept remote video appearances or may allow your lawyer to represent you with a notarized Power of Attorney, depending on the discretion of the court.
Q4. Can We Choose to Divorce Under UAE Law Instead?
Yes, you may also opt for the civil divorce under the UAE’s Federal Decree Law No. 41 of 2022 for non-Muslims, which possesses a relatively fast and simple procedure, notably in Dubai Civil Family Court. However, if you wish to challenge or invoke Indian personal laws, or want to remarry, or resolve issues in India, filing in India would be more favorable.
Conclusion
Indian expatriates residing in the UAE, especially non-Muslim couples, have the legal authority to obtain a mutual consent divorce in India regardless of their marriage registration in Dubai. The proper attestation of documents along with fulfillment of jurisdictional requirements remains essential. The legal procedures differ depending on personal situations so it is crucial to seek advice from both Indian and UAE legal experts to prevent difficulties during the process.
How HHS Lawyers in Dubai Can Assist You
At HHS Dubai Lawyers, our team of family lawyers in the UAE is ready to assist you in the divorce process, whether you decide to file for divorce in the UAE or India. We help with document translation, legal attestation, Power of Attorney formalities, and offer strategic legal advice that is relevant to your personal and legal situation.
Please feel free to contact HHS Lawyers in Dubai to book an appointment for a free consultation and begin the process of resolving your matrimonial matters in the most efficient manner.
