Can i file for divorce from Dubai ,but my husband is in India 1 son

835 votes

Hi,

You need not worry your Husband cannot take the custody of the child unless and until he proves that the child future is not secure with you, Courts in India are Women Favoring and has a mind set that child will be better and safe with mother.

Try if your Husband agree for dissolution of marriage by mutual Consent.

your Husband can send you the divorce papers to sign
have the petition attested before indian consulate in Dubai
you can execute Power of Attorney in favour of close family relative
If the family court of your last place of residence or your parent place has video conferencing facilities you can request the court through your lawyer to permit you to appear through video conferencing ,
if court does not have video conferencing facilities you will have to come to india personally to appear in court
6 months cooling period is granted
Finally if after 6 months both parties want divorce court will pass divorce decree .

Thanks

Advocate Ramit Sehrawat LawRato

911 votes

yes, you can get it from there also under special law provision. but i will advise to file it here cause your husband is here and he want come there. no need to worry about child custody.it will remain with you.

Advocate Nirmit Pathak LawRato