She called on them to preserve their married life

The court refuses to divorce a man affected by his wife

The Personal Status Court, in Ras al-Khaimah, rejected the divorce of a man (Gulf), due to the harm of his wife (Gulf), for his inability to prove his claim, and the absence of gross harm, making it impossible for him to stay together between spouses.

And the husband had filed a lawsuit, in which he stated that his wife did not respect him, assaulted him by saying, and exposed his family to insults, and she did not obey his orders, and that she always left the house without his consent, and put the life of their child at risk, as she takes him to another emirate despite the spread of the Corona virus, He demanded his divorce due to harm, dropping her rights arising from the marriage contract, and dropping her custody of her child.

According to the verdict, according to the Personal Status Law, each of the spouses has the right to file for divorce due to the harm that makes it impossible for them to last in favor with them, and neither of them loses their right to that unless their reconciliation is proven, provided that the Family Guidance Committee undertakes the reform between the spouses, and if it fails to do so The judge offered reconciliation to them, and if the harm was not proven, the ruling for divorce is ruled.

The court added that both spouses have a request for divorce due to the harm that makes it impossible for them to last together with goodwill, but this is conditional on establishing evidence before the court of the existence of harm that leads to divorce. If the harm is not proven, then the case is rejected, because proof is the lifeline of the claimed right, and that the right Which its owner is unable to prove its source, and nothing is equal.

She pointed out that the husband relied in proving his claim on the testimony of witnesses, and on two messages on “WhatsApp” from his wife as evidence of insult and disobedience or respect for him, and the court is not reassured about the witness’s testimony in proving the harm, and then turns away from it, and on the messages of “WhatsApp” And if the wife speaks in an inappropriate manner, and causes psychological harm to her husband, the court does not consider this an immoral harm that makes it impossible for them to stay together that necessitates divorce.

She explained that the two spouses have a small child, and it cannot be said that married life between them and the demolition of a family is impossible for such a matter, and that the husband did not provide definitive evidence that his wife is not eligible for custody of their child, stressing that it is in the child's interest to stay with his mother, as he needs care, service and education.

She added that the husband was unable to prove his claim in his divorce request due to harm, waive her rights arising from the marriage contract, and revoke the wife’s custody of her child, so the court must rule rejecting the case, obligating the husband to pay the fees and attorney fees, and called on the spouses to preserve their marital life and bring their views closer together. .

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