Indian Expatriates in UAE can seek divorce in India: Essential Information Explored
For Indian non-Muslim couples who were married in Dubai and now reside in India, obtaining a mutual divorce involves a two-step process that covers both the UAE and Indian jurisdictions.
Mutual Divorce under UAE Law (Dubai Marriage)
To initiate a mutual divorce in Dubai, both parties must jointly file a petition under Article 9 of UAE family law. This article allows for a no-fault, amicable termination of the marriage.
The process begins with filing an online petition via the Ministry of Justice (MoJ) portal. After this, up to three conciliation (mediation) sessions may be required within 60 days. If no settlement is reached, the case proceeds to the Family Court where documents like the marriage certificate, Emirates IDs, financial disclosures, and proof of residence are submitted. Upon agreement on key issues such as asset division, maintenance, and child custody, the court issues a final judgment, which is then registered with the MoJ registry. This UAE mutual divorce process is typically faster (8–10 weeks) and less costly than a contested divorce.
Mutual Divorce under Indian Law (For Indian Residents)
Since the couple now resides in India, to obtain an Indian divorce decree (important for recognition and other legal purposes), they must file a joint petition for divorce under Section 13B of the Hindu Marriage Act or applicable personal laws. Indian law requires the couple to have been separated for at least one year and to prove irreconcilable differences.
The procedure involves two motions: the first joint petition and, after a minimum six-month wait (which can sometimes be waived), the second motion confirming mutual consent. The court considers aspects such as child custody, alimony, and litigation costs before granting the divorce decree.
Practical Steps for Indian Non-Muslim Residents Married in Dubai Now Living in India
- Obtain a Mutual Divorce Decree in Dubai by filing jointly and following the mediation and court procedures to officially dissolve the marriage at the place of wedding registration.
- File for Recognition/Decree of Divorce in India by filing a joint petition in an Indian family/district court under the relevant Indian divorce laws, submitting the obtained UAE divorce decree along with marriage and residence proof, and following the Indian court procedure for mutual consent divorce, attending hearings, and securing an Indian decree.
- Optionally, hiring an experienced family lawyer both in India and UAE to coordinate cross-jurisdictional requirements is advisable.
This dual approach ensures the divorce is legally effective both in the UAE (marriage jurisdiction) and in India (current residence), which is particularly important for matters such as re-marriage, inheritance, and child custody in India.
In case issues like child custody or disputes arise, contested divorce procedures may be required, which are lengthier and more complex.
In summary, Indian non-Muslim couples married in Dubai and now living in India typically complete a mutual divorce in Dubai through joint petition and mediation, then file a corresponding mutual divorce petition in Indian courts for recognition and enforcement under Indian law. Consulting a lawyer in India is strongly recommended for more detailed legal guidance.
- After obtaining a mutual divorce decree in Dubai, the Indian non-Muslim couple will need to file for recognition or a Decree of Divorce in India by submitting the UAE divorce decree, along with marriage and residence proof, in an Indian family/district court under the relevant Indian divorce laws.
- In the Indian court, the couple will follow the Indian court procedure for a mutual consent divorce, including attending hearings and securing an Indian decree, to ensure the divorce is legally effective in both the UAE (marriage jurisdiction) and India (current residence).
