Lawyers reported, one year after the amendments to the Personal Status Law, that the amendment of Articles (118) and (120) of the law gave the judge the power to reject a divorce lawsuit based on flimsy reasons, if the wife was unable to prove serious harm to her from the husband, what It resulted in fewer divorces for instant or simple reasons.
They expected the number of criminal cases brought by wives to prove the harm suffered by them, and the decrease in divorce certificates due to difficulty in obtaining it, noting that the Emirate of Fujairah registered 199 divorces last year, according to the Fujairah Statistics Center through the annual statistical book.
Lawyers consider the necessity of facilitating khula procedures for wives whose divorce claims have been rejected because of making the khula procedure not dependent on the husband’s approval, while restricting the wife’s claims to alimony for the children and providing housing in a manner commensurate with the husband’s salary without exhausting him, so that the children get a family life free of problems Which may adversely affect their upbringing, is the best solution.
A lawyer and legal advisor, Hamid Darwish, said that the most important provisions of the amendment came to allow the judge to reject the divorce lawsuit if he did not prove any real harm to the wife, and if the dispute between the spouses continued, and one of the spouses filed a divorce lawsuit for the second time, the judge appoints two rulings to consider the dispute, And try to reform or judge it.
He pointed out that rejecting the divorce lawsuit for harm may exacerbate the problems between husbands, especially if the husband continues to harm the wife, which causes her to file more cases against him to obtain the divorce.
Darwish explained that, during the past year, provisions were amended in the Personal Status Law to reduce the number of divorces for flawed reasons, and Article (118) specified cases of damages cases, as it stipulated that “if the damages are not proven, the lawsuit is rejected, and if the rift continues between the spouses, The injured party may file a new lawsuit. If the family orientation committee and the judge are unable to reconcile between them, the judge shall, by virtue of a ruling, appoint two rulings from their families if possible, after assigning each of the spouses the naming of his family’s ruling as much as possible in the next session at most, otherwise he appointed a person who has experience The ability to reform, and if one of the spouses fails to name his ruling, or fails to attend this session, this ruling is not subject to appeal.
Darwish pointed out that if the rift continues between the spouses, and the wife files a lawsuit for the second time, she is referred to the two rulings in order to divorce in accordance with the provisions of Islamic Sharia, pointing out that Article (122) stipulates that “in a divorce suit for damages, the harm is proven by the methods of legal proof, And by judicial rulings issued to one of the spouses, the testimony is accepted by listening if the witness interpreted or understood from his words the harm in the context of the life of the spouses as decided by the court, and the testimony to be heard is not accepted for the negation of the damage, and the testimony of the witness is accepted by a male or female, except for the origin of the branch and branch of the original, when available In the witness, the conditions for martyrdom legally ».
He believes that by amending the Personal Status Law, the ruling on divorce has become more equitable, especially since during the previous years some wives filed a divorce lawsuit for damages for reasons that may be classified as simple and almost trivial, indicating that the new procedures through which the real causes are determined from others, explaining that The amendments made it difficult for the couple to obtain a divorce if the reasons were not convincing.
Darwish added that some women make problems in order for the husband to assault her, to prove harm to medical reports or to obtain witnesses, calling for the need to consider amendments to the law in all its aspects, and to reconsider the issue of khula without restriction, that is, without the husband’s approval, especially in cases of The wife's aversion to her husband, the difficulty of the decision to divorce with harm, must be matched by facilitation facilities, in order for the children to obtain a family life free of problems that may negatively affect their upbringing.
For his part, attorney and legal advisor, Rashid Al-Hafiti, attributed the increase in the number of cases filed by wives to the new law of law, which makes the wife repeat the lawsuit in order to prove her harm, and obtaining a divorce if she rejects the first lawsuit, indicating that the wife is raising more than two cases, To prove the damage in the criminal courts or others, in line with the new law, while previously she filed one divorce case.
He added that in some cases the divorce lawsuit is rejected because the harm has not been proven, and leads to a rift between the spouses, so that the wives refuse to engage in obedience to the husband, which causes the husband to file a complaint lawsuit to drop the rights of the wife.
Al-Hafiti pointed out that the law aims to reduce cases of divorce for harm and family stability, and it was not intended to increase the procedures followed for obtaining divorce, such as raising more than one issue between spouses, exposing family secrets, whether from the husband or wife, and proving them in criminal cases. Or others.
The lawyer and legal advisor, Saud Muhammad, demanded to facilitate the procedures of khula for wives whose divorce claims were rejected, while restricting the wife’s claims for the maintenance of the children and providing housing in proportion to the husband’s salary, explaining that the amendments to the Personal Status Law gave the judge the power to reject the divorce lawsuit, if she was not able The wife proves the harm done to her by the husband, which led the wives to file criminal cases, and expose their family life, in order to obtain a divorce. He pointed out that if the first divorce lawsuit is rejected, the choice is open to the spouses, and that is a harsh lesson and a warning that their lives need to study the causes of these existing problems between them, especially since the divorce lawsuit goes through procedures, the first of which is family reform, referral to the court, and thirdly before the two rulings. Finally, before the judge after completing the two verdicts report
Muhammad stressed that some spouses, when they reject the divorce lawsuit, exacerbate their problems, even though they went through a family reform, stressing that the longer the conflict between the spouses lasts, the more cases between them, pointing out that legal amendments will not lead to a decrease in divorce cases, despite the tightening of texts In which.
The legal advisor, Advocate bracelets Al-Mansoori, said that the family is the nucleus of society, fit its goodness and spoil its corruption, and Islamic Sharia gave careful attention to the marital relationship, because the spouses are the pillar of each family, and the origin from which the branches branch, so if each of them preserves the right of the other, the desired grace of marriage is achieved .
She emphasized that the amendments to the Personal Status Law contributed to preventing divorce for flawed reasons, such as anger that may end a marriage that lasted for several years, calling for the intensification of training courses for those entering into marriage, to qualify them and educate them about rights and duties, and provide psychological support, in preparation for entering a new life, contributing to reducing Divorce, praising the state forcing those who are going to marry to attend training courses, introducing them to their psychological, physical and economic rights, but some of them underestimate these courses that open their perceptions to the new life.
State courts have rejected a number of lawsuits in which wives request divorce for simple reasons, such as a Gulf woman wanting to divorce because her husband does not sit at home and devote her to her, and he spends his time working and with his friends.
When asked by the judiciary about the harm that the husband causes to her, she said: “He did not sit at home, and his sons and I only see him at simple times, and she needs his presence to help her raise children.”
Demonstrate damage
Umm Fahd told UAE Today that she had to file a criminal case, after the court rejected a lawsuit she filed for divorce, as a result of her inability to bring witnesses to the harm done to her by her husband, and the court obliged her to enter in obeying her husband.
She pointed out that she had submitted to the criminal court pictures of the conversations via "WhatsApp", in which she proved her continuous harm from her husband, by insulting and insulting her, and calling him obscene words that diminish her respect, stressing that she had obtained a criminal ruling against her husband, which she presented as evidence in a divorce suit for the complaint she filed for the time The second is for divorce.
A Gulf woman reported that her husband was overwhelmed by suspicion and bad suspicion, and accused her all the time of being an dishonorable woman. Phone calls, she obtained a verdict of innocence.
She explained that she had proven her harm through the verdict of innocence, and that she suffers all the time from suspicion and defamation of her reputation in front of her children by accusing her of marital infidelity.
199
Divorce case registered in the Emirate of Fujairah during the past year.
- Wives make trouble making their husbands abuse them to prove the harm in an official record.