Question: My husband and I got married in a court in Dubai. We are now preparing for a mutual divorce. Can we complete these formalities in our home country (India) while still being UAE residents? What would the process be like?
Answer: If both of you are Indian nationals and non-Muslims by faith, you have the option to proceed with divorce proceedings in India.
Under UAE law, non-Muslim individuals may choose to follow the UAE Personal Laws for Non-Muslims regarding marriage and divorce. This is stipulated under Article 1(1) of the Federal Decree Law No. 41 of 2022 on Civil Personal Status, which allows non-Muslim UAE residents to apply UAE law unless they opt for the personal laws of their home country.
Under Indian law, non-Muslim Indian nationals may file for divorce under their respective personal laws in a court that has jurisdiction based on:
- Their domicile (permanent residence) in India
- The location where both spouses last resided together
- The wife's place of domicile
- The place where the marriage was solemnized
Given these options, you and your husband may proceed with filing for a mutual divorce in India. However, it is advisable to seek legal counsel from a lawyer practicing in India to guide you through the process.
Steps to Follow for Divorce Filing in India:
- Marriage Certificate Authentication
- Translate your UAE-issued marriage certificate into English or Hindi.
- Get it attested by the UAE Ministry of Justice.
- Further attest it through the UAE Ministry of Foreign Affairs and International Cooperation.
- Obtain authentication from the Consulate General of India in Dubai.
- Appointing a Legal Representative in India
- Engage an Indian lawyer to handle your divorce case.
- Provide them with a power of attorney, which must be attested by the Consulate General of India in Dubai.
- Filing the Divorce Case
- Your lawyer will file a mutual divorce petition in the appropriate Indian court.
- If required by the court, both spouses may need to travel to India to appear for proceedings.
For more detailed legal guidance, consulting a lawyer in India is strongly recommended.
News Source: Khaleej Times
