Upon reviewing the documents and hearing the pleadings:
Whereas the facts of the case – as evident from the documents- are summed up in
that the Plaintiff has filed this claim by virtue of the statement of claim
filed on 27/02/2012.
The Defendant was legally notified with the case, by which the Plaintiff
requested the Court to oblige the Defendant to divorce her due to damage and to
oblige him to pay her the deferred dowry amounting to AED100.000 – as per the
final demands of the Plaintiff determined on the session dated 19/04/2012.
On the grounds that: the Plaintiff is the wife of the Defendant's acoording to
the marriage contract issued by this court. And a time period was fixed to
complete their marriage ceremony.. However, The Defendant refuses to secure a
matrimonial house her . Moreover, she complained of his misbehavior and
treatment, as he was verbally abusing her and disclosing their martial
relationship's secrets for others, which has resulted in making her ridiculed by
his family members and has raises rumors about both of them. The Defendant
always shows his regret for getting engaged to the Plaintiff. However, she was
surprised with his claims before the Family Guidance Section that he still
clings to her. While he is negotiating with her outside the Court to divorce her
in lieu of paying large amount of money. The fact that led the Plaintiff to file
this claims. The Plaintiff enclosed with her statement of claim the following
1- The Marriage Contract of both parties issued by this Court.
2- The Original Referral Letter from the Family Guidance Section.
Where the Court has initiated the trial as explained in the minutes of hearings.
In which the Plaintiff has appeared in person with her representative. However,
no one appeared from the Defendant's party. Then, The Court heard the
Plaintiff's evidence represented in the witnesses' testimonies. Their
testimonies included the Defendant's claim in which he disclosed his intention
to separate from her and that he travelled to Australia and cancelled her
Australian residency since 9 months. That has caused her harm from these
actions. Knowing that he has not consummated the marriage nor had a legitimate
privacy with his wife. Then it has been decided to set the claim for
adjudication for today's session.
Where the Defendant was duly served with the claim, however he did not attend
any sessions at the Court, and he did not file his defence. Therefore, the
ruling is delivered tantamount to the presence of the Defendant pursuant to
Articles (19, 52 and 53) of the Civil Procedures Code.
Whereas, it is evident from the documents that both parties do not hold the
nationality of the Country and none of them has asked for applying their
counties' law. Which requires the enforcement of the Country's (UAE) Law
pursuant to Article (2/1) of the Law of Personal Status.
Regarding the subject of the claim and the Plaintiff's demand requesting the
divorce due to damage against the Defendant, it has been decided in pursuance of
the provision of Article (1/117) of the laws of Personal Status and as per the
regular procedures established at this Court that "Each of the two spouses is
entitled to ask for divorce due to damages once occurs against the other spouse,
including any kind of assaulting; whether its occurred verbally or physically
and even if not frequently occurred, including both physical or moral damages
harming one of the spouses, their parents or their families, that would make the
continuity of the matrimonial companionship between them impossible unless their
reconciliation is established". Whereas the Trial Court has the authority to
estimate the amount of damages and weather it's an obscene damage or not, and if
it leads to the impossibility of the continuity of the matrimonial companionship
between the couples. However, the submitted reasons shall be permitted and
reasonable and confirmed by filed documents.
It has been established also in pursuant with the provisions of Article 122 of
the said Law that "In case of divorce due to damage, the damage shall be
established by the legal means, including the witnesses' testimonies and by the
Court judgments rendered against one of the spouses. The hearsay testimony is
accepted if the witness explained or it was understood from his statement that
the damage is widespread in the spouse's life environment" (Cassation no.
2009/78 Personal Status Law, of the session dated 20/10/2009).
Therefore, and as it is evident from the Plaintiff's witnesses that the
Defendant has disclosed for several times his intention to separate from his
wife. And that he has cancelled her residency and has travelled to his Country
(Australia) since 9 months ago. Where he has deliberately prevented her from
shifting to his country. The fact which proves the damages occurred against her,
as per the provisions of the abovementioned Law, the Court shall interfere to
eliminate the damages occurred against her after leaving her suspended in the
Country. The Court has ruled for the wife an irrevocable single harm-based
divorce before consummation and legitimate privacy, as of the date in which the
ruling becomes final.
Regarding the Plaintiff's demand asking the Court for obligating the Defendant
to pay her dowry amounted to AED100.000. Where it is stated by the provisions of
Article 52 of the Personal Status Law that: "
1. Dowry may, in whole or part, be
advanced or deferred upon the formation of the contract.
2. Dowry is due by virtue of a valid contract. It becomes certain by a
consummation of the marriage, legitimate privacy or death. The deferred part of
it shall become due by death or repudiation.
3. The repudiated woman, before consummation of the marriage, is entitled to
half the stated dowry and, if not determined, the judge may adjudge to her a
compensation not exceeding half the dowry". Where it is evident from the
Marriage Contract enclosed with the documents that the paid dowry of the
Plaintiff is a golden lira and has been received by the Plaintiff. Where the
deferred dowry is amounted to AED100.000 and shall be due by the death or the
repudiation – whichever term comes first. It was evident also from the witnesses
of the Plaintiff that the Defendant did not consummate with the Plaintiff nor he
had a legitimate privacy with her.
Therefore, it has been decided that the Plaintiff is entitled for half of the
dowry amounted to AED50.000 and the cost of the golden lira shall be deducted
from this amount calculated as per the market price, as of the date in which the
divorce judgment becomes final, whereas any extra money exceeding the said
amount will be dismissed.
Whereas the Court obligated the Defendant to pay the Claim's expenses pursuant
to the provisions of Article 135 of the Personal Status Law.
The Court ruled – tantamount to the presence– an irrevocable single harm- based
divorce for the Plaintiff, and ordered the Defendant to pay her half of the
dowry amounted to AED50.000 after deducting the cost of the golden lira received
by her, as of the date in which the divorce judgment becomes final, and has
ordered him (the Defendant) to pay the amount of AED500 for the attorney fees.
*Translation of a Court Decision from Arabic to English