The Personal Status Court in Ras Al-Khaimah ruled the annulment of the marriage contract for the removal of a Gulf wife and proof of custody of her four children, and sentenced the defendant to 10 thousand dirhams for the cost of the two feasts for his children, and obligated him to pay the expenses and attorney fees.
According to the lawsuit, which was presented by a lawyer for the plaintiff, Hanan Al-Bayed, before the Personal Status Court, she requested that the plaintiff be divorced from the defendant in exchange for giving up all of her legal rights, and a ruling to establish custody of her four children and obliging the defendant to pay 10,000 dirhams for the two feasts, and obliging him to pay fees, expenses, and fees The Law Firm.
According to the lawsuit, the defendant has many problems with the plaintiff and subjected her to beating, insulting and not spending on her and her children, and that she had prejudiced for the past several years for the sake of her children to preserve her home, but the defendant continued to beat and insult her and disrespect her and did not provide for her and her children Adequate housing did not commit to pay the rent and expelled them from the house, until the marital ten between them became impossible.
She stated that it was not possible to reconcile between the two parties in the Department of Family Guidance and Reform, due to the defendant's intransigence and his refusal to attend to consider the settlement of the matter, which led the plaintiff to file a lawsuit before the Personal Status Court to obtain her right to divorce by mutual consent and terminate the marriage contract in accordance with the Personal Status Law.
She added, that the plaintiff has the right to request khula based on the text of Article 110 of the Personal Status Law which states that it is correct in the name of khula instead of what is called a dowry and it is not correct to agree to drop the child support or custody, as the law provides if the allowance for khula is not valid Khula took place and the husband deserved of the dowry, in addition to the fact that the khula canceled the marriage seat.
She clarified that the law excluded the provisions of the first clause of the legal article, if the refusal was made by the husband because of his intransigence or for fear that they would not establish God’s limits, then the judge may judge the violation in exchange for a suitable allowance.
She added, that the plaintiff requested khula in accordance with the law and Sharia, as she was beaten, insulted and not spent on her, and she prejudiced herself for the sake of her children. She also requested the custody of her children in accordance with Article 114 of the Personal Status Law, which stipulates that a woman is free from a foreign husband, and drew The existence of permanent cruelty on the part of the defendant and not looking at the needs of his children and refraining from spending on them led the plaintiff to adhere to and continue in their custody, according to the Personal Status Law, which stipulates that the maintenance of the young boy who has no money on his father until the girl gets married and the boy reaches the extent of what he acquires Like him what He was not a science student successfully continuing his studies.