Ahmed Bin Dhahi Advocates and Legal Consultants

Case Summary:

This case revolves around a lawsuit filed by a Gulf woman at the Federal Personal Status Court in Sharjah. She sought divorce on the grounds of harm and demanded her financial rights post-divorce, focusing on alimony, housing, and child custody expenses. The husband claimed that he had already divorced her and requested consideration of his financial situation when determining obligations.

The court ruled in favor of the wife, ordering the husband to pay several financial obligations, including ‘Iddah alimony, compensation alimony, deferred dowry, and providing child custody housing. The Court of Appeal upheld the initial judgment, reinforcing the UAE’s commitment to protecting the rights of women and children after divorce.

Background of the Case Parties:

The plaintiff, a Gulf woman, filed a case at the Federal Personal Status Court in Sharjah, seeking fair legal remedies to secure her legitimate and financial rights. These included spousal and child support, a furnished residence, and additional expenses like a maid and driver.

On the other hand, the defendant aimed to prove his financial hardship while demonstrating his commitment to meeting the child’s basic needs. He disputed certain demands, such as providing a driver and a car, which he deemed unnecessary.

Case Details:

Plaintiff’s Demands
Divorce for Harm: Citing abandonment and failure to provide support.
Financial Rights:
Spousal alimony: AED 8,000 per month.
Child support: AED 10,000 per month.
Custody housing and furniture: AED 60,000 annually.
‘Iddah alimony: AED 24,000.
Compensation alimony: AED 96,000.
Deferred dowry: AED 30,000.
Additional expenses: A maid, a driver, and a car.
Defendant’s Arguments
Proof of Divorce: Claimed to have already divorced the plaintiff and informed her brother.
Financial Responsibility: Asserted he regularly sent AED 3,500 monthly for the child.
Financial Constraints: Cited his bank debts and limited financial capacity.
Rejection of Additional Demands: Disputed the necessity of providing a driver and a car.
Court Judgments
Initial Judgment
The court ruled on the following:

Divorce: Issued an irrevocable divorce (Talaq Bayn).
Financial Rights:
‘Iddah alimony: AED 9,000.
Compensation alimony: AED 20,000.
Deferred dowry: AED 30,000.
Child’s Rights:
Monthly child support: AED 3,000.
Custody housing: AED 50,000 annually.
Furniture allowance: AED 20,000.
Provision of a maid and payment of her wages.
Appeal Judgment
The Court of Appeal upheld the initial judgment, confirming the fairness and balance in the distribution of rights between both parties.

Lessons Learned:

Protection of Women’s Rights: UAE laws prioritize protecting women after divorce, especially in harm-based cases.
Child Welfare as a Priority: The law ensures the child’s needs, such as housing, alimony, and proper care, are fully met.
Equitable Judgments: The case highlights the court’s commitment to balancing the rights and obligations of both parties while considering their financial and social circumstances.