Dubai Court Invokes Hindu Marriage Act to Dissolve Marriage, Finds Adultery Proven in Unusual Cross-Border Family Dispute

Dubai court has granted a divorce in favour of a woman in a rare case involving the application of Indian matrimonial law within UAE civil personal status proceedings, after finding that adultery had been established under foreign law.

The Dubai Court in Case No. 2024/154 (Personal Status of Non-Muslims) issued a final decree dissolving the marriage between an Indian couple, both of whom had married in India in 2013 and later resided in Dubai.

The wife filed the petition seeking dissolution of marriage on grounds of marital infidelity, while the husband contested the claim and argued for the application of the Hindu Marriage Act No. 25 of 1955 (India) to determine the merits of the dispute.

The court accepted the application of the Hindu Marriage Act as the governing substantive law, in line with provisions under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, marking a relatively rare instance of detailed judicial reliance on foreign matrimonial legislation.

The proceedings required the court to assess whether adultery, as defined under Indian law, had been sufficiently proven while ensuring compliance with UAE procedural standards applicable to non-Muslim family disputes.

The wife’s legal team, led by UAE-based legal consultancy Kaden Boriss, relied on WhatsApp communications, witness testimony, and a detailed legal memorandum linking the evidence to Article 13(1) of the Hindu Marriage Act.

They argued that the husband had engaged in repeated voluntary sexual relations with multiple women in exchange for money, amounting to adultery under the applicable foreign legal framework.

The husband challenged the evidentiary basis of the claim; however, the court upheld the reliability and probative value of the material submitted.

After reviewing the pleadings and evidence, the court found that adultery had been established under the Hindu Marriage Act and granted a final decree of divorce in favour of the wife.

The court also ordered the husband to pay court fees and expenses and awarded AED 1,000 towards the wife’s legal costs.

Legal observers say the ruling highlights the increasing intersection between UAE procedural law and foreign substantive law in expatriate family disputes, particularly in non-Muslim personal status cases.

The judgment is seen as significant for clarifying how UAE courts may apply foreign matrimonial statutes when properly invoked, while maintaining domestic evidentiary and procedural safeguards.

It also underscores the importance of structured legal strategy and evidentiary preparation in cross-jurisdictional family law disputes before UAE courts.

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