Indians in UAE
Indians form a major proportion of Dubai’s total population. UAE has keenly been allowing the expatriates residing in the country to use and enforce the laws of their home country. Nevertheless, the laws in the UAE allow the non-Muslim expatriate to apply and invoke their home country’s laws in personal status legal cases. To honor the efforts, Dubai courts have made a rather bold yet rare decision to use an Indian law in a family divorce case in Dubai. Such matters are well explained by family law legal departments of law firms. Several Dubai Law Firms, do have the special reputation and recognition in dealing with modified laws and advancements. For example, Lawyers in Dubai are very much involved in legislation in UAE.
Dubai Courts used Indian Law
Dubai Courts have used the Indian law and followed the law that has granted divorce to a man. In the unusual incident, the custody of the children remains with the man.
New Law under Personal Status Law
Early in the year 2023, the new law under the Federal Personal Status law was passed to allow non-Muslims the option to apply the home country’s laws. As per the rule, the Non-Muslims must request the Courts in UAE to apply their country’s laws and regulations.
Dubai Court proceedings under Hindu Law for a Hindu Couple
It is mostly possible in family-related matters covering marriage, child custody, divorce, inheritance, and other such areas. In the recent legal proceedings, the case was between a man and woman both from were Indian origin who have British nationalities. They both followed the Hindu religion. The case was heard in the Dubai Courts of Personal Status.
- They submitted a request to take up the case following the laws of their home country. The final decision was announced after a detailed review by the court. They oversee the evidence along with the medical reports and other testimonials.
- The medical reports, pieces of evidence, eyewitnesses, and testimonies proved that the mother of the children was completely unfit.
- The mother of the children was too mentally and emotionally ill to properly raise their children. Therefore, the child custody was granted to the father of the children.
- The courts in Dubai relied upon the Indian marriage law from 1955. It was used as the legal framework for the verdict of the legal case. Moreover, the wife also requested to follow Indian law in the case.
- There were multiple attempts made by the wife’s lawyer and his legal team to argue according to Indian law. They narrated that Indian law does not support divorce under the circumstances cited by her husband.
- Conversely, the husband’s legal team successfully refuted the claims made by the wife and the decisions were given in his favor.
- The husband’s professional lawyer submitted the compelling arguments in the Dubai courts according to Indian law. Besides, they also supported the statements with convincing shreds of evidence.
- Indian law, divorce is granted if any one of the spouses suffers from an incurable disease or fatal illness. Therefore, the situation satisfied the clause and conditions for the dissolution of the marriage.
- Initially, the legal case was started in September 2022. A husband who was 47 years of age filed for divorce from his wife. In the beginning, the legal matters were taken to the reconciliation section in Dubai. After multiple attempts by them, the couple failed to reconcile.
- Following this, the legal case was referred to in the Dubai Courts of Personal Status. This case was initiated in the beginning of 2023. According to the facts, the couple got married in the year 2011 in India. Together they share 2 children aged 8 and 6.
- Considering the woman’s behavior, the father requested for child custody. Citing the mother’s behavior, the husband submitted the pieces of evidence of the physical and mental abuse to the husband and even their children.
- According to the evidence, the wife who was 46 years old had a long history of bipolar disorders accompanying emotional weaknesses. The husband openly accused the wife of overreacting and frequently misbehaving with the family members.
- It also includes divulging family secrets to co-workers and also disposing of personal family items and things to unknown people or strangers.
- Further, the husband also indicated that his wife has made different attempts on various occasions to harm them. The wife remained in denial mode about her emotional and mental condition during legal proceedings.
- Further, she even refused to accept any further medical treatments. The wife blamed the husband for not properly covering his living expenses despite having a handsome salary package.
- The wife further made claims which were refuted by the husband’s laws with adequate proof and documents being submitted.
- Domestic help in their house revealed the triggering facts. His words were used as proof that the wife exhibited strange behavior, and emotional instability, and mistreated the children on different occasions.
- She frequently calls the police for trivial family matters. The husband’s friend also came to the court and disclosed that the wife was admitted to the mental hospital last year following the disturbing symptoms.
- A medical test was conducted which proved that the wife was suffering from Schizophrenia. According to the medical report results, this is a serious matter and the plaintiff is at risk.
- There is a persistent threat to the lives of the husband and their children at the hands of the woman all accredited to the unstable mental condition and abnormal behavior.
- After deeply studying the scenario and law, the Dubai Courts granted the divorce to the man according to the Indian law. The case proceedings took place in Dubai Courts according to Indian law.
- This family case has opened new horizons for expatriates, Dubai Courts in the UAE, legal workers, and others. It paves a way towards a more tolerant, open and conducive environment in the country for expats.
