Legal Question in Family Law in

Hindu Law, UAE/Islamic law

A husband has obtained a decree for divorce and a custody order from a local Nevada Court (in the US) after judgment and in violation of the US Court Order the wife has removed the children (aged 9 and 7) to Dubai where her parents live. Both parties are governed by Hindu Law. Husband wishes to enforce US Court decree and ensure return of his children to the US. According to the Indian Supreme Court a Hindu marriage can only be dissolved according to Hindu law and that too by an Indian Court. Likewise question of custody can only be decided according to Hindu law. Questions are:

(1) How do I execute the US decree in Dubai in these circumstances?

(2) What is the status of the US divorce in Dubai and in India?


Asked on 3/21/00, 2:24 am

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Hindu Law, UAE/Islamic law

And after all this, a Jewish lawyer answers. Actually I haven't the foggiest. But if no one else answers I am sure willing to take a stab at this. For two reasons. One, I have some interest in religious law and two it's too interesting anyway to pass up.

The simple part first, I'll do a little research and see if I can figure out the International jurisdiction. There are three areas here of which I am unfamiliar--Hindu law, Moslem law and International law. See I am the perfect one to answer this.

Assuming I am successful with that, I do have a question, seriously. How important is it that the resolution comport with applicable religious law? I realize you are probably interested primarily in having the U.S. civil court decision upheld. But not knowing anything about the family's religious practices, I don't want to make any assumption. In Judaism there are mechanisms for invoking the jurisdiction of the "Beth Din" or religious court which also decides matters under the jurisdiction of civil courts. In some quarters a matter resolved in civil court but not in the Beth Din, would be regarded as having no validity. On the other hand I imagine most (although there has been some litigation on this point, the outcome of which I am uncertain) Beth Din matters would not be cognizable in a civil court, a proposition probably not held in a country such as Dubai.

I'll keep the original post for when I am able to find out something.

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Answered on 3/28/00, 2:55 pm


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