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 … Continue reading 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.
The Court of Appeal in Dubai has ratified a first instance rule to extend the mother’s custody in spite of the son reaching the age of 11 years old and the daughter 13 years old as per the rules of Article 156 of Personal Status Law issued under Federal Law 28 in 2005. Here are the proceedings in brief … the custodial father filed a lawsuit to drop the mother’s custody of their children H and D since they were of the legal age. As legal representatives of the mother, we filed a counter claim, requesting the extension of the … Continue reading Extending Mother’s Custody Of Her Children Until Son’s Puberty And Daughter’s Marriage
We often come across cases whereby either spouse has secured judgment in his/her favor to get custody of the child in a foreign country or in country of their origin. The question that arises is how one can enforce foreign judgment in the UAE. Further, what are implications one has to face for keeping the child in the UAE without consent of spouse? Child custody issue is addressed under Hague Convention 1980, which states that all member states are required to execute foreign judgment for custody of the child through their local courts. However, the UAE is not a party … Continue reading Enforcing Foreign Judgement in UAE for Child Custody Case
Lapse in Child Custody According to Personal Status Law No. 28 of 2005 By Counselor Hussain Mohammed Aref Hussain In the article about Child custody in UAE, we discussed about the legitimacy of child custody. And here, we discuss about the child custody lapse which can cause the custodian loses the right of custody of the child after separation of the marriage. There are requirements that must be met by the custodian, whether a man or a woman, as per Articles 142 and 143 of the Personal Status Law. The lapse of custody is also specified in a certain number … Continue reading Lapse in Child Custody
This blog article discuss about the Legitimacy of Child Custody as per UAE Personal Status Law no. 28 of 2008, Conditions of Eligibility & Order of Custodians Authored by Legal Advisor: Hussain Mohammed Aref Hussain The Legitimacy of Child Custody One of the most important aspects of the dissolution of marriage or divorce is the children given birth to by such marriage, their fate, and the parent, best fit to attend to, raise, take care of, guard them, achieve their best interest and repel any harm thereto. The interpretive memo of UAE Personal Status Law noted that the custody is … Continue reading Child Custody in UAE
There are many expatriates in the United Arab Emirates and many of them are married and enjoying a married life here. Unfortunately, some of them want to part with their partner and want to file a divorce case against their partner. But they often wonder what law is applicable to their divorce, Sharia law or federal law, or the law of the country they were married to? This blog post is aimed at clearing those doubts. Well, the law applicable to divorces concluded in Dubai, is the UAE federal law, regardless of whether or not the couple or either party … Continue reading Divorce in UAE