QUESTION
i live in UAE from last 15 years. I got married 2 years ago in india as per Hindu rituals. My wife came to uae on my dependency permit. We had compatibility issues and she left me 1 year ago with all her stuff and went back to india. We have no kids. Since then, she is in no interest to even talk to me.
I enquired and I can get divorce in uae as per international law and get it attested by indian commission here. My question is that if this divorce can be contested in india later? Can she cause trouble to me in india?
ANSWER
Generally, a Marriage under Indian Laws has to be dissolved under the same, unless BOTH parties explicitly consent to the jurisdiction of a foreign court / legal system.
For eg., if two Hindus marry under Hindu Marriage Act, only the provisions of same would apply for Divorce as well.
For example , see :
Rupak Rathi vs Anita Chaudhary, 2014
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Ex parte divorce decree by foreign court invalid: HC
and several others…..
BUT there could be provisions in various laws of the Country where one/ both spouses reside per which it may be easier to obtain divorce as well as claim hefty settlements. Provisions of Torts as well as Fraud etc. could apply. Besides, there are specialized ” Divorce Lawyers ” in USA for example who work on a ” Contingency Fee ” basis where they take a [percentage of the settlement arrived at, instead of their fees. This is a legal practice in US but NOT allowed in India. So, per circumstances , both spouses( or even one, as long as a Divorce Decree valid in India is not the issue ) could submit to those Courts jurisdiction and the case could proceed there.
A Question Of Law- Law for Indian Matters 