This is in accordance with Article 1 (1) of the of Federal Decree-Law No. 41 of 2022 on Civil Personal Status (the ‘UAE Personal Status Law for Non-Muslims), which states, “The provisions of present Decree-Law shall apply to non-Muslim citizens of the United Arab Emirates, and to non-Muslim foreigners who reside in the State unless one of them invokes the application of their respective law, in relation to matters of marriage, divorce, estate, will and proof of affiliation, without prejudice to Articles 12, 13,15,16 and 17 of the referenced Federal Law No. 5 of 1985.”

Based on the aforementioned provision of the UAE Personal Status Law for Non-Muslims, a non-Muslim Indian who is a resident of UAE may apply his or her personal laws of India related to divorce, custody and alimony based on his or her religion.

For Muslim expatriates in the UAE, divorce is governed by Islamic Sharia principles codified under the UAE Personal Status Law (primarily, the UAE’s Federal Decree-Law No. 41 of 2024 On the Issuance of the Personal Status Law). The process mandates a mandatory referral to the Family Guidance section for reconciliation, after which contested or mutual petitions proceed to the personal status courts, where the decree of divorce is ultimately granted.

Following your question, it is noted that the divorce proceedings that you and your husband are pursuing in an Indian court have turned messy, and that you would like to close the proceedings in India and then move the same to the court of competent jurisdiction at the Dubai Courts.

Whilst you have not specified the jurisdiction or the law by which the proceedings are ensuing or the current status of the proceedings, we may only give a generic response to your question. As such,

1. You and your husband may file a joint petition, by mutual consent, to withdraw and stop the proceedings before the concerned court in India. Subsequently, you may initiate proceedings for divorce (and ancillary matters) in the appropriate court at the Dubai Courts.

2. If, however, your husband does not consent to move proceedings to Dubai Courts, then:

• If you had filed the divorce petition, then you may apply to the concerned Indian court to withdraw your petition. Your husband may still contest such petition to withdraw, and insist that the proceedings be continued in India.

• If you had not filed the divorce petition, then you may seek leave of the court to continue proceedings in Dubai.

Nonetheless, it is at the discretion of the concerned Indian court, or its supervisory higher court, for the proceedings to be closed in India.

It would be advisable for you to consult your legal advisor in India to understand the exact procedures to stop the proceedings in India.