Indian nationals residing in the UAE may be able to file for divorce in India under certain conditions, explains legal expert Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates.
Understanding Divorce Jurisdiction for Indian Expats in the UA
According to Mehta, non-Muslim individuals who marry in the UAE may apply the provisions of UAE Personal Laws for Non-Muslims. This is established under Article 1(1) of Federal Decree Law No. 41 of 2022 on Civil Personal Status. The law states that it applies to non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE unless either party chooses to apply their own personal laws. This covers matters such as marriage, divorce, wills, and proof of affiliation, without prejudice to certain specific articles (12, 13, 15, 16, and 17) of the older Federal Law No. 5 of 1985.In India, non-Muslim Indian nationals can opt to apply the personal laws corresponding to their faith when filing for divorce. Jurisdiction for divorce cases typically depends on:
- The permanent domicile (residence) of the spouses in India
- The place where both husband and wife last lived together
- The wife’s domicile
- The place where the marriage was solemnised
This means Indian nationals residing abroad can file for divorce in India if one of these jurisdictional criteria is met.Couples are advised to seek legal advice from a qualified lawyer practising in India before initiating divorce procedures there.
Legal Process and Documentation for UAE Residents Filing Divorce in India
The necessary steps for UAE residents wishing to file for divorce in India include:
- Translating your marriage certificate in the UAE and attest it through the UAE Ministry of Justice.
- Obtaining further attestation from the UAE Ministry of Foreign Affairs and International Co-operation.
- Getting the certificate attested by the Consulate General of India in Dubai.
- Engaging a lawyer in India and provide a power of attorney, duly attested by the Consulate General of India in Dubai, to register the divorce case.
- You may need to appear in court in India if directed by the court.
What This Means in Simple Terms
