"Ras Al-Khaimah Appeal": for the absence of gross harm
Rejecting a Gulf divorce lawsuit and obliging it to "obey"
The Personal Status Appeal Court in Ras Al Khaimah upheld the court of first instance ruling rejecting a divorce lawsuit filed by a Gulf wife, and obligated her to enter into marital obedience, commit to the marital home, take care of her husband's interests, and reciprocate his respect, and obligated her to limit the work of the maid to the marital home, and the expenses and attorney fees. The case is against the Personal Status Law, which stipulates that the harm should be gross, and this does not happen to the wife and does not lead to divorce.
According to the case papers, the wife filed a lawsuit with a court of first instance, in which she demanded her divorce from her husband, because of harm she could not tolerate, as the husband evaded responsibility and did not spend on her and their child, in addition to his abandonment of the marital bed.
The wife added that she resorted to the Family Guidance Department, but reconciliation was not possible because the husband refused an amicable solution.
The wife demanded a divorce while preserving her rights from the back end, the provider of the dowry, the iddat alimony and the alimony alimony, proving the custody of her child for her, obligating the husband to provide monthly maintenance for the child, obligating him to provide custody housing, paying electricity, water, internet and gas bills, paying treatment expenses, paying nursery fees, providing a maid, and obligating him Pay court fees and attorney fees.
While the husband filed an interview case, in which he demanded his wife to enter into his obedience, mutual respect, not to remove the servant from the marital home, and not to leave the marital home to her family's residence. The appealed judgment upheld.
The court stated, in the merits of its ruling, that the wife’s request to divorce her from her husband for harm requires that the harm be gross, in accordance with the Personal Status Law, whether the harm is material or moral, while the statements of
The witnesses of both parties were all focused on the fact that the husband does not spend on his wife and daughter, and sometimes leaves her, and this act does not represent harm that leads to divorce. Regarding the issue of desertion, the court said that the wife did not prove the authenticity of her statements, just as abandonment did not meet its conditions in order to be considered harm, and for the husband leaving the marital home, the wife is the one who left him and moved to her family’s home, and that marital disputes are a matter different from harm, and this is a request The wife is not in his correct document, and the court shall rule to reject the divorce request due to harm.