MyNation Foundation Forum » Advice » 498A

Divorce case in Dubai and India at same time,498A

(9 posts)
  1. nazim101
    Member

    I am an Indian muslim from kerala.i was working in dubai as Engineer from 2008 to 2011 October.I got married in 2009.my wife's family is staying in dubai,after marriage i was staying with my wife's family in sharjah.in 2010 i got a baby boy.My father in law was very greedy...i spent most of my savings at his home,my wifes parents was interfering in each and every personal matters.in 2011 January i decided to move to a new flat with my wife and son.but my father in law didnt send my wife and son with me (Both are in my sponsorship).So many people tried for compromise but her father was asking for my savings and asked to register my property worth 1 crore to my wifes name.We didnt agree.
    In 2011 April they came to kerala and registered a divorce and 498A case against my mother and me and gave a false complaint that i took all the gold of my wife and was harrasing her for more dowry.in fact i didnt beat her even for a single time,gave all the fees for her education in dubai,purchased most of the furniture in her fathers flat...my mother was also very caring,all my relatives neighbours and friends know this.
    Me and my mother took anticipatory bail.My son is in the custody of my father in law.in October when i was in dubai i got a call from dubai court that my wife filed for divorce,child custody and return of ornaments,Alimony there also.i didnt go for counselling.I resigned my job after 20 days because i was not able to run cases in dubai and india together.I cancelled my labour contract and went back to india in october.I was not able to cancel my Immigration Visa because,first i have to cancel the visa of my wife and son.but my father in law was not giving me their Passport.without their passport i was not able to cancel visa.My father in law send summons from dubai court through DHL courier to my home 3 times but we didnt accept it.My wife appeared in dubai court for divorce 3 times.Now the case status in Dubai is "Notification for notice of acion".I was not able to find a new job in dubai because to join a new job i have to cancel the residence visa of my family first ,only after that i'll get a new Visa.My company asked me to come back to dubai soon and fight in dubai court with an advocate.
    I appeared in indian court for 4 times but my wife (the petitioner) didnt appear.in december 2011 i filed RCR.My wife came came to know that if she dont appear for the 5th time the case will be dismissed.
    She came to india for one day and appeared in the court and went back to dubai the same day beacuse she has to appear in dubai court the very next day.She told the councellor that she dont want to live with me.
    My questions are

    1. Will this Same divorce case between two persons run simultaneously in two countries?
    2. If she get a divorce from dubai (Shariat court) in future,will she be able to execute that divorce in india.She filed for divorce in india first and appeared in the indian court and still that case is running and the RCR filed by me also is there.In dubai it is very easy to get a divorce for ladies without any reason.I may go back to dubai soon and appear before dubai court through an advocate.
    3.Is there any problem for me if i go to dubai (I didnt accept any summons from dubai court).
    4. Can i file any case in india showing that after giving case in india she filed case in dubai also only for harrassing me.
    5.How to prevent my wife from taking my son back to dubai when she come to india, i'm missing him too much.

    Please help me with your valuable suggestions.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    As a Citizen of India, you have to go through legal process of divorce in India, Dubai divorce will help you only but its not legally valid. same apply to custody and maintenance too.
    if you are india, and if they come to india, you can get order to stop her from leaving India with your son.
    if she never stayed with your family then you can go for remove your mother name form the case.
    in 498A case if she said they gave you dowry then your can counter, sue her dor DP3 also.

    Posted 5 years ago #
  3. Dr.Dsouza
    Member

    you can call our Kerala helpline from here
    http://mynation.net/contact-us/

    Posted 5 years ago #
  4. vinayak
    Moderator

    First of all

    1. Why did you leave Dubai ? Sharia courts are the BEST places for a MUSLIM MALE to fight the case

    2. Don't you know Sharia ? [I am amazed}
    2.1. As per sharia women CANNOT get divorce without husband's permission
    2.2. ONLY, ....repeat ONLY husband (male) can give talaq

    3. As per sharia she is entitled to return of dowry IF dowry is written on nikah nama + 3 months maintenance. that is all
    3.1. You will get the kid's custody

    4. You can turn up in sharia court and say i do NOT want to give divorce and she cannot do a ****

    5. Have you at least visited a sharia court in UAE ???? once at least ????
    5.1. For your info I am NOT a muslim ... but I have visited a quadi in UAE in a sharia court and I am writing all the above based on my experience / discussions

    6. So .... why did U run away from Dubai ????
    61. why did U run away from Dubai ...especially when she was the one who filed the dubai case

    7. I am still amazed

    **More after hearing from you**
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    regards

    Regards
    Vinayak
    Posted 5 years ago #
  5. vinayak
    Moderator

    Further comments
    -----------------------------------

    1. Even Now nothing is lost

    2. You are saying your company is helping you with a lawyer etc @ Dubai ? right ?
    2.1. Talk to that lawyer @ Dubai
    2.2. find out what best he can help re. Dubai case ? be specific on question ...
    (a) Delay from your side on the Dubai case - does that matter ?
    (b) Is any dowry involved ? IF so what is the law ? what is practical ?
    (c) Rest of issues as I have mentioned above

    3. Revert back here with more info

    We are all we wishers here .... but are sometimes shocked to see innocents harassed like this

    regards

    Regards
    Vinayak
    Posted 5 years ago #
  6. nazim101
    Member

    Thanks a lot Vinayak Sir and D'zousa sir for your quick response....i went back to india because one of my friends in dubai adviced me that,if i appear in dubai court she may get divorce easily,and she may be able to put travel ban on me,if i am not able to accept their demands including alimony.Her family was living in dubai for more than 20 years and they have people in court to help them.

    Posted 5 years ago #
  7. Dr.Dsouza
    Member

    if you appear in court or not appear in court she will get Divorce easily ?

    Posted 5 years ago #
  8. vinayak
    Moderator

    Even now I suggest that you work with the lawyer your company is planning to provide you to handle the Dubai case

    1. Find out the stage of the case
    2. Decide on a strategy. Decide what you wish to do ? do you wish to give divorce or NO
    3. I would assume that you would NOT wish to give divorce *in Dubai *
    4. Send a written reply to the Dubai court, In English and in Arabic, with your signature certified by a Notary in India stating under oath that
    (a) you are innocent
    (b) you are NOT interested in divorce
    (c) Other essential issues....
    5. State in the affidavit that you are unable to travel to Dubai as you are back in India
    6. Positively state that the woman has filed false cases in India ...expose her completely
    7. As far as I know the Quadis @ UAE are very fair when it comes to family cases
    8. It is just our own fears that we have to come out of .... Her family could have been here for 50 years for all I care...as long as you have a honest case and are ready to face the law, UAE is a terrific place for a muslim to fight the case....it is just a matter of tactic, strategy that you to employ and you can fight the case at UAE

    Regards
    Vinayak
    Posted 5 years ago #
  9. vinayak
    Moderator

    Further comments
    ----------------------------------

    9. Ask your Indian Lawyer IF the girls motives can be exposed in the Indian courts BY exposing her Dubai cases and averments

    10. IF the girl has contradictory claims in both cases, expose that too

    regards
    Vinayak

    Regards
    Vinayak
    Posted 5 years ago #

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