It asserted that it was based on a false report without conclusive evidence

The Federal Supreme Council set aside a ruling by separating a married couple for injury

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The Federal Supreme Court, headed by Judge Falah Shaya Al-Hajri, overturned a ruling by the Court of First Instance, and the Ajman Appeal Court upheld it to differentiate between a married couple based on a statement that the wife was beaten and forcibly removed from her husband, as well as not spending him on her. Reconciliation was not possible, and it was recommended to separate.

The Federal Court confirmed the invalidity of this report, and that the ruling contravenes the provisions of Islamic Sharia law and the law, and made clear in categorical and strong grounds that the ruling for separation was issued without evidence or proof of harm or the impossibility of the tithe with the known between them, or the existence of discord in its legal sense, and in its contested judgment was even obligated to pay expenses in exchange for fees. The law firm.

In detail, a wife filed a lawsuit against her husband before the Personal Status Court, seeking the verdict to divorce her for harm, based on her exposure to beatings, abandonment and lack of support from her husband, which prompted her to resort to the judiciary.

For its part, the court of first instance delegated two judgments, which concluded that reconciliation was not possible between the two spouses, and recommended a separation between them, and after considering the case, the court of first instance decided to separate the spouses, so the husband appealed before the Appeal Court that upheld the first ruling to separate them, and the appeal was rejected.

In addition, the husband appealed through his agent, lawyer Muhammad al-Awami al-Mansouri, before the Federal Court, arguing that the appealed ruling violates Islamic law and the law, and is tainted by the corruption of inference, because he took the report of the two judgments that decided to separate the spouses without a legitimate reason or proof of harm, which is a fundamental defense Not achieved by trial court.

The Federal Court clarified in its merits that the appeal is sound and in place, as the appealed ruling did not realize that the report of the two judgments is contrary to Sharia and the law, as it decided to separate without evidence or evidence of harm or the impossibility of the tithe with what is known between them, or the existence of disunity in its legal sense, pointing out that the Court of First Instance The harm or abandonment was not proven, and there is no evidence for them except for a claim sent by the wife, with it being proven that she remains in her husband's home and is spending on her.

He affirmed that the judgment of the first instance court upheld by the appeals court made a mistake in understanding the reality and estimating the evidence, similar to a failure in causation, and was based on insufficient reasons, in contravention of the provisions of Islamic Sharia and the law, in a manner that necessitates its revocation regarding divorce.

The court stated in its merits that the reporter, by jurisprudence, that the two judgments are entrusted with their mission, and certified in their statements with the final report, because their decision is subject to consideration by the judge, and is binding on the spouses, whether they like him or her dislike, provided that it is in accordance with Islamic Sharia and the law.

She indicated that the plaintiff always bears the responsibility of proving the truth or the validity of the disputed fact, and establishing evidence before the courts, because the right is stripped of its power if there is no evidence to prove it, and in the event that the owner is unable to do so, he and nothing are equal.

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The Federal Supreme Court stated that pursuant to Article 117 and the subsequent Personal Status Law of 2005 amended by Decree No. 8 of 2019, each of the spouses has the right to request divorce for the harm that makes it impossible for them to stay in favor of the favor between them, and neither of them loses their right to that unless they prove their reconciliation .

The family guidance committee is in charge of reconciliation between the spouses, and if the judge is unable to offer reconciliation to them, if it is not possible and the harm is proven, a ruling for divorce shall be issued, and if it is not proven, the case shall be rejected.

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