Man obliged to compensate his minor daughter for beatings and threats

The Abu Dhabi Family Court and the Civil and Administrative Cases Court has awarded a minor daughter compensation for the material and moral damages she suffered as a result of her father's assault on her by threats and beatings, with an amount of 5,<> dirhams after his criminal conviction.

In the details, a woman filed a lawsuit against her ex-husband in her capacity as custodian of their minor daughter, in which she requested that the defendant be obliged to pay her an amount of 100,70 dirhams as material and moral compensation for the damages caused to her minor daughter, and oblige him to pay expenses, fees and fees, noting that the defendant assaulted his children from her, and he beat his daughter severely, and threatened her, causing injuries of <>% in her body.

The father was convicted under a penal sentence, while the defendant argued that the lawsuit was inadmissible because it was filed without capacity, on the grounds that he was the natural guardian of his minor daughter.

For its part, the court indicated in the reasons for its judgment that the judgment issued in criminal matters shall have authority in the civil lawsuit before the civil courts whenever it has decided a necessary chapter on the occurrence of the act constituting the common basis between the criminal and civil lawsuits, and in the legal description of this act and its attribution to its perpetrator, noting that it is established from the criminal judgment issued in his presence, convicting the defendant of the charge of assaulting the integrity of the body of his minor daughter and threatening her, which is an act of domestic violence, and therefore The element of error has been met by the defendant, and it has been conclusively proven against him.

"It is clear that this error is the cause of damage to the minor. The unlawful act on the basis of which the criminal case was instituted was the same as the civil action on the basis of which the civil action was instituted."

Regarding the plaintiff's request for material and moral compensation, the court pointed out that «every damage to others obliges the perpetrator to the guarantee, and that the guarantee is estimated by the damage suffered by the injured person, and the loss of gain, provided that this is a natural result of the harmful act», pointing out that «the victim suffered as a result - the defendant's fault - material damage represented in the injuries described in the penal provisions, in addition to moral damage represented in fear due to the defendant's fault».

The court ordered the defendant to pay the plaintiff 5,<> dirhams, and obligated him to pay the expenses and fees.