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Marriage dissolution and spouses’ separation in Indian Christian law & Authenticity of husband’s request to drop wife’s custody of their son due to his departure to India.

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One of the cases in which the Indian Christian law approves the dissolution of marriage and separation of spouses is when one of them treats the other cruelly in a way that makes life dangerous and harmful for the spouse who is filing for divorce. Hence, the victim can file for divorce for any marriage that was made either before or after the promulgation of the amended Indian Divorce Law in 2001.

Dubai Appeal Court established this principle disclosing in the verdict’s logs that it had been affirmed from the presented documents that the wife filed the lawsuit against her husband to dissolute the marriage, separate the spouses, and award her sole custody of their son among other requests. Dubai First Instance Court delivered a verdict to dissolute the marriage and award the mother the sole custody of the son.

The husband did not accept the judgement of Dubai Court of First Instance and appealed against it, but the Dubai Court of Appeal was content with wife’s defense presented by her legal attorney, Khairallah Advocates & Legal Consultants. The husband claimed that wife was unfaithful to him and had affairs with other men. Through our defense we proved that the appealing husband beat the wife and allegations made were untrue. Dubai Court of Appeal accepted the defense and adopted the verdict of Dubai First Instance Court to dissolute the marriage and separate the spouses.

The Dubai Appeal Court also decided to confirm the judgment of Dubai First Instance Court to award the mother the sole custody of her son. The Appeal Court took into consideration the mother’s defense that there is no legality to the father’s request to drop the mother’s custody due to his intent of departing to India.

The court approved the custody judgement in line with the facts of the defense case and in accordance with the Personal Status Law in UAE, the exercised discretion, and Article 41 of Section 11 in the Indian Christian Law for children’s custody.

It was confirmed to the court that the wife is working in the UAE and that her son resides with her and is still studying in the one of the country’s schools. The husband’s departure to India and his confirmation that he is still looking for a job make the son’s custodial rights in favor of the wife.

Khairallah Legal

Khairallah Advocates & Legal Consultants, a law firm based in Dubai, is one of the leading Law firms in UAE. We have some of the best lawyers in Dubai and provide excellent legal assistance in various areas. Please check out our law practice areas page for more details. Should you require any legal assistance, feel free to contact us.

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