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Can Indian expats in UAE file for divorce in India? Here's what to know
KT reader wants to know if they can complete separation formalities while maintaining UAE residency
- PUBLISHED: Sun 30 Mar 2025, 11:19 AM
- By:
- Ashish Mehta
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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: It is assumed that you both are Indian nationals and are non-Muslims by faith.
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In the UAE, non-Muslim individuals may apply the provisions of UAE Personal Laws for Non-Muslims if they intend to marry in the UAE. This is by Article 1(1) of the Federal Decree Law No. 41 of 2022 on Civil personal Status, which states, "The provisions of the present Decree-Law shall apply to non-Muslim citizens or the United Arab Emirates, and to non-Muslim foreigners who reside in the State unless one of them invokes the application of their respective law, in relation to matters of marriage, divorce, estate will and proof of affiliation, without prejudice to Articles 12, 13, 15, 16 and 17 of the reference Federal Law No. 5 of 1985.
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In India, non-Muslim Indian nationals may opt for the personal law of the faith they follow to apply for divorce procedures before the court, which has jurisdiction based on their domicile (permanent address) in India or in the place where both husband and wife have resided last, or in the place of domicile of wife or where the marriage has been solemnised.
Based on the above, you and your husband may seek further legal advice from a lawyer practising in India before deciding to file mutual divorce procedures in India.
However, it is suggested that you translate your marriage certificate in the UAE and attest to it by the UAE Ministry of Justice. Thereafter, it must be attested by the UAE Ministry of Foreign Affairs and International Co-operation and by the Consulate General of India in Dubai.
Furthermore, you and your husband may engage a lawyer(s) in India and provide the said lawyer(s) a power of attorney duly attested by the Consulate General of India in Dubai to register the divorce case before a court of competent jurisdiction in India. If directed by the court, you and your husband may have to travel to India to appear in court.
For additional information on the procedure, you may consult a lawyer in India.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
