2023-08-10 22:06:03
The Personal Status Court in Dubai ruled to annul the marriage contract of an Arab woman from her husband by dissolution, in exchange for forfeiting all her rights incurred by the husband. It also obliged him to return their two children, whom he took from her against their will and left the country with them, and established custody of the mother.
In detail, an Arab woman filed a lawsuit against her husband, demanding the annulment of their marriage contract by divorce, in exchange for forfeiture of all her financial rights, and the return of the dowry provider to the defendant, in addition to establishing custody of her two children, and obliging the father to hand them over to her at her place of residence in the country, after he took them from her and traveled without agreement or agreement. warning or right.
The representative of the plaintiff’s wife, the legal advisor, Nour Al-Saqqa Amini, said that her client is the wife of the defendant under an official contract. The marriage resulted in two children, pointing out that the defendant severely abused her, and persistently beat her, which prompted her to request divorce, in return for the immediate return of the dowry (dowry) and the waiver of marital alimony, the waiting period, and other rights incurred by the husband.
She added that the defendant took the two young children with him and fled with them outside the country, so the mother resorted to family reform in Dubai to resolve the dispute amicably, but it was not possible to settle.
She indicated that the plaintiff was residing in the marital residence in Dubai, while her husband works in a neighboring country, and visits her periodically in light of his possession of residence in the country, and on his last visit to the UAE in June of last year, he took the two children (a six-year-old boy and a ten-year-old girl). ) without the consent of his wife, and left the country, and has not spent on her since that time, which prompted her to demand divorce, for fear that she would not establish the limits of God, in return for giving up her rights, while adhering to the rights of her two children. In turn, the husband submitted a response memorandum, at the end of which he demanded a ruling that the court does not have jurisdiction to hear the case, while obliging the plaintiff to pay fees and expenses. In the reasons for its ruling, the court panel stated that it is proven in the papers that the two parties to the case do not hold the nationality of the state, and neither of them requested the application of the law of his state, which must be applied with the UAE Law No. 28 of 2005 regarding personal status.
She indicated that there was a previous dispute between the two parties dating back to 2019, and that they signed a reconciliation agreement, ending the dispute and the plaintiff dropping her claim. Hence, the two parties to the lawsuit had a place of residence in the country until the date of the defendant’s departure, and therefore it is valid to resort to the Personal Status Court in Dubai, and the defendant’s payment after jurisdiction becomes invalid. Regarding the request for divorce, the court stated that its constant is the wife’s request for divorce, and her adherence to the fact that there is no room for reconciliation, and that their life together has become impossible, because she was harmed by continuing with him and her fear of not upholding the limits of God, while the defendant did not mention reasons for his refusal to divorce, from which the court concludes that His refusal is “as a matter of intransigence,” and then she ruled to dissolve the marriage contract by dissolution in exchange for dropping all her financial rights resulting from the marriage or dissolution, and the dowry provider’s return.
The court also ruled to prove custody of the mother and oblige the husband to return the two children to her, and to pay them an amount of 3000 dirhams per month, 20 thousand dirhams for housing, 500 dirhams for custody of the mother, 1000 dirhams for Eid clothing, and to provide a car for the mother and two children, or pay 80 thousand dirhams, in addition To tuition fees, uniforms and books, as determined by the competent authority.
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