Now, orders given by courts in UAE would be enforceable in India. A recent notification issued by the Ministry of Law has declared UAE as ‘reciprocating territory’. As per Section 44A of the Civil Procedure Code, 1908 India has issued the notification.
On 17 jan 2020 Ministry of Law and justice released a gazzate which state INDIA decelered UAE A reciprocating territory under Section 44A of the Civil Procedure Code, 1908 and now rules and regulations of UAE will work in india too a list of Courts is also given pic.twitter.com/bblmHMSCVF
— Amitosh Kr Thakur (@amitoshthakur) February 9, 2020
As per the law a ‘reciprocating territory’ means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.
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This means that not orders from UAE’s all courts but some ‘Superior Courts’ would be implemented in India. Such ‘Superior Courts’ are The Federal Supreme Court, and Certain local courts, such as the Abu Dhabi Judicial Department and the Dubai Courts.
As per the latest notification orders on cases related to civil, financial, and divorce-related cases would be enforceable. Criminal cases are kept out of the ambit of this. This would mean that those who have done financial or such related fraud in UAE and have flown back to India would now be arrested based on an order from the UAE’s ‘superior courts’.
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This is not the first time India has given this status to any country. Earlier United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad & Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua New Guinea, Fiji, Aden have got this status.
Inputs from Study IQ Education
