Divorce granted to Non-Resident Indian (NRI) couples by United Arab Emirates tribunals are not binding in India and can be challenged in home courts, lawyers said.
According to a Dubai-based lawyer, in case of a conflict, either spouse can file a fresh complaint in Indian courts to challenge the judgment under “The Special Marriage Act, 1954.”
The divorce and custody of children can be filed by Indian expats in the UAE under Federal Law No. 28 of 2005 regarding Personal Status.
“There is no issue if the divorce is mutual, but if there’s a dispute they can file a fresh complaint in an Indian court,” said Devanand Mahadeva, director, Goodwins Law Corporation.
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Earlier this month, Mahadeva said he has seen five UAE court orders challenged in Indian courts. “There have been several instances of ex-parte judgments where the court has made its decision without hearing both parties. Many of these decisions were contested in India and subsequently overturned,” he said.
The managing director Ashish Mehta of Ashish Mehta and Associates said: “Under section 13 of the Civil Procedure Code of India 1908, the foreign court judgments are not valid in cases where the order has not been pronounced by a court of competent jurisdiction or has not been given on the merit of the case. The divorce will also be considered invalid if it appears that the judgment obtained as opposed to natural justice or has been obtained by fraud or where it sustains a claim founded on a breach of any law in India.”
By Sowmya
