Growing number of expatriate Indian couples in the UAE are seeking divorce the courts here rather than in India.

The reasons given by many couples are the efficiency of the court system here, awareness of the laws, and the legal counselling on offer.

An Indian advocate who handles a dozen Indian divorces a month believes that time and convenience are among the main reasons. He also cited awareness of the law for Indian couples who file for divorce under UAE jurisdiction.

According to advocate Charles Nellari, any Indian couple wishing to file for a divorce in the UAE courts can apply under the Private International Law, which deals with laws of different nationalities.

"Confusion arises when the parties do not receive the correct legal advice. For example, if a Hindu Indian couple living in the UAE applies for a divorce here, the court will first give them the choice of whether they would like to proceed under UAE law or the Hindu Marriage Act.

"If the couples opt for the UAE law and get divorced, it would not be long enough for them to realise that the judgment under the UAE law is not valid in India. They should have applied for a divorce as per the India law."

He said parties of any religion in India can marry under the Special Marriage Act. He provided details of the various Indian laws on marriage and divorce.

An Indian Muslim couple has to apply under the Dissolution of Muslim Marriage Act and a Christian couple should apply for a divorce under the Indian Divorce Act. Similarly an Indian Hindu couple applies for a divorce under the Hindu Marriage Act.

Those Indians who marry at the Indian missions abroad do so under the Foreign Marriage Act, but if they apply for a divorce it will be done under the Special Marriage Act.

"Until 2001 there was no provision for Christians to get a divorce under mutual consent. But after 2001 an amendment was introduced in this law by which even Indian Christians can now apply for a divorce under mutual consent provided they live apart for a year. This is simply an expansion of equality under the constitution of India. In other words equal opportunities for all communities."

Two of the common reasons for Indian couples seeking divorce are incompatibility and stress.

"They are unable to strike a balance. Not to forget that they are living all alone here unlike in India where they are surrounded by family members from whom they can seek support and advice."

Factors behind the choice
* An efficient court system
* Swiftness of procedures
* Awareness of the laws
* Legal counselling on offer