Supreme Court dismisses plea on enforcing UAE no-fault divorces in India

The Supreme Court recently dismissed a Writ petition challenging the implementation of no-fault divorces granted by courts in the United Arab Emirates (UAE). Justices Aniruddha Bose and Sanjay Kumar presided over the case.

This divorce is granted in the UAE under Article 7 of the Federal Decree-Law No. 41/2022 on Civil Personal Status. It allows for divorce by unilateral will, without the need to justify the request or blame the other party. This law applies to Non-Muslim UAE nationals and Non-Muslim foreigners residing in the UAE and can be enforced in India under the Bilateral Treaty 1999, where the UAE is considered a reciprocating territory.

In the present case, the parties are non-Muslim foreigners residing in the UAE, thus falling under the ambit of the aforementioned law. The petitioner contends that the implementation of such divorce in India violates her fundamental rights under Articles 14 and 21 of the Indian Constitution.

The petitioner (wife) and the respondent (husband) married in India, lived in Cochin before relocating to Dubai, and had a son there. Later, the respondent left the matrimonial home, moving to a new apartment.

The petitioner argues that the respondent, taking advantage of the new law, filed for a no-fault divorce, which couldn’t have been done under Indian Courts, especially in light of the Shayara Bano Vs. Union of India (2017) judgment.

Despite the Dubai Court of First Instance issuing a Notice to the petitioner in the divorce case, she pleads to prevent the enforcement of such decrees in India, asserting that it would be unconstitutional under Articles 14 and 21 of the Indian Constitution.

The Supreme Court dismissed the petition, stating: “We do not find any reason to address the issue raised in the present petition in the given facts.”