«Dubai Court» ruled to divorce her for damage

A woman surprises her husband's friend in her bedroom

The Dubai Court confirmed that Islamic legislation did not leave the marital home to subjective mood. Archival

An Arab woman was shocked when she saw, through surveillance cameras in her bedroom, her husband's friend with a strange woman in an inappropriate situation, interrupted her vacation in her country, returned to the country, and attached a video and photos to the papers of a lawsuit in which she asked for a divorce from her husband for this reason, in addition to insulting her and beating her repeatedly.

After hearing the case, the Personal Status Court of First Instance in Dubai ruled that she divorced her by a clear divorce for causing serious harm to her by allowing others to establish a relationship in the marital home, in addition to beating her.

In detail, the facts of the case stated that the woman was the wife of the defendant, and the marriage resulted in a young girl, and in the presence of her in his capital, he abused her by not supporting her, beating her and evicting her from the marital home.

The plaintiff said that she was visiting her country, opened the house cameras (which she used to monitor her child and while she was at work), and was shocked to see one of the defendant's friends in an inappropriate position in her bedroom with a woman other than his wife, while her husband was in the living room.

The plaintiff's legal representative, the legal counsel, Mohamed Naguib, stated that his client interrupted her leave to clarify the desecration of her house by the defendant and his friends, and by confronting him with beating and cursing, and divorced her for the second time.

He added that she resorted to family reform at the Personal Status Court in Dubai, to resolve the dispute amicably, but this was not possible, which prompted her to file a lawsuit, and the court offered reconciliation to the parties and it was also impossible.

He pointed out that the client personally explained to the court the reasons for her departure from her home, given that her husband beat her, and wrote a report to that effect in the police, and obligated him to sign a pledge, and forced her to rent an apartment to live in with her daughter, without sending her any expenses, pointing out that he beat her four times and divorced her previously twice, and returned her during the period of iddah.

For his part, the defendant denied the plaintiff's statements, pointing to the recurrence of problems between them, and her leaving the house more than once, indicating his desire to continue married life between them. He still spends on her by giving her his own bank card, and attaches copies of bank transfers. He asked the court to give his wife the decisive oath to that effect.

Regarding his hosting of his friend and a woman in their bedroom in the marital home, he stated that his friend came from his country with his wife and their reservation in a hotel was delayed for one day, so he invited him to his house, leaving him free with his wife.

The court heard witnesses with the wife, including her brother, who confirmed that her husband treated her badly and expelled her from the marital home and did not support her, pointing out that he saw her once bleeding because of the assault on her, and he also refrained from supporting her, and life between them is impossible.

Her friends also testified to the content, stating that the plaintiff was in charge of supporting her house and daughter, that the husband did not ask about her, threatened her when he visited her and that he beat her in front of one of the friends.

The wife acceded to the court's request and took a decisive oath related to personal matters, as well as not spending on her or her daughter, not spending on treating their children during the dispute, and that he expelled her from the house, and is unwilling to continue with him.

The court stated in the reasoning of the judgment that allowing others to use the marital home to establish a relationship with a woman, whatever his relationship with her, even if she is his wife, by assuming the validity of the husband's story, who did not provide proof of this, is contrary to Sharia and the law, as Islamic legislation did not leave the marital home to the winds of passion and self-mood, but rather legislated clear controls and limits not to allow others to use it, and doing so is a flagrant violation that causes harm to the wife, with which it is impossible to continue the marital relationship by virtue, and ruled to divorce the plaintiff From the defendant a clear shot for damage.

The court also ruled in favor of the wife to postpone the dowry 50,6000 dirhams, housing alimony 2000,1600 dirhams, marital alimony 45,10 dirhams per month, proof of custody of the child for her, obliging him to pay alimony of 500,<> dirhams, <>,<> dirhams for rent for a house annually with providing him with suitable furniture once worth <>,<> dirhams, granting her a nursery fee of <> dirhams per month, and obliging him to obtain a health card for the child.

While the court rejected the wife's request to grant her a pleasure alimony of 120,<> dirhams, because the divorce is for damage and not from the will of the husband, and obligated her to enable the husband to see the little girl once a week in a public place, and the Court of Appeal upheld most of what was stated in the first instance ruling, of the irrevocable divorce and the expenses that were awarded to the wife and child.

The wife presented to the court an inappropriate video of the husband's friend in her home.