President of Dubai Court: Women seek separation for flimsy reasons ... and men are paying the price
Personal status law protects against "unjustified" divorce
The circumstances of Coronavirus affected the average sentence term in the Dubai Personal Status Court.
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Judge Khaled Al Hosani: The adjudication of personal status cases has been relatively retreated in the first half of this year.
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The head of the Personal Status Court in Dubai, Judge Khaled Yahya Al Hosani, stated that the conditions imposed by the new Corona virus (Covid-19), and specifically the compulsory stay at home, cannot be considered a cause of exacerbating family disputes, or a major factor in containing previous disputes, but perhaps It played a positive secondary role if the two parties have the ability to establish a constructive dialogue and desire to continue married life, or negative if one of them is bad, nervous, and moody.
In an interview with Emirates Today, he added that recent amendments to the Personal Status Law related to divorce procedures have been carefully studied and imposed additional obligations on the wrong party, and provided a kind of protection for the injured party.
He revealed that 1020 personal status cases were registered during the first half of this year, 874 of which were settled at a rate of 85%, compared to 1,364 cases during the same period last year, in 1263 of which were separated by 93%, attributing the decline in the separation rate to the case of Corona, This affected the average sentence term, by 88.7 days from the date of the first hearing during the current year, compared to 83.1 days in the same period last year.
In detail, Judge Khaled Yahya Al Hosani said that the index of litigation and adjudication in personal status cases decreased relatively in the first half of this year, due to the circumstances that accompanied the Corona pandemic, and the closure of the courts for a limited period, as the average sentence period from the date of filing the case was 111.2 days since the beginning The year until the end of last June, compared to 102.6 days in the same period in 2019.
He added that the court registered 1020 cases in the first half of this year, ruling in 874 of them, at a rate of 86%, including 875 cases for Muslims and 145 for non-Muslims, compared to 1,364 cases in the same period last year, it decided in 1263 of them, by 93%, and included 1209 Muslims. And 155 for non-Muslims.
He pointed out that there are family disputes that were fueled as a result of staying in homes during the first period of the Corona pandemic, in the absence of an outlet for the husband, wife, or even children, and Corona cannot be considered a cause, but it is only a secondary factor, pointing to the recording of cases of violence from Before the family directive of husbands beating their wives, and it became clear by looking at them that they had a previous history of assaulting their wives, but Corona stoked muffled disputes and brought them to the surface.
He explained that, on the other hand, these circumstances contributed to bringing couples together, in which estrangement prevailed between them.
Regarding the possibilities of a decline in the divorce index in the country in light of the amendments to Law No. (5) of 2020 regarding divorce, Al Hosani said that the law was never a cause for divorce, as any married couple who live in happiness and stability are not concerned with amending a law or remaining the same, but the amendments remain important. With regard to the rights of both parties.
He pointed out that the Personal Status Law in 2005 was the easiest and fastest to obtain a divorce, in the world and not in the Emirates, so the wife did not need a good lawyer for the divorce, and the powers of the judge were limited, and as soon as the wife claims harm, he is judged for her without the need for witnesses or evidence, then came The amendments of 2019 to limit this defect, and if there are no witnesses to the damage, the lawsuit is rejected, and if the complaint is repeated, then two judgments are referred, and if it is found that the damage is on her part, the case is rejected if the husband adheres to it.
Al Hosani explained that the amendments to Law No. (5) of 2020 regarding divorce set additional obligations to protect the rights of the injured party, and if the wife is wrong, she must pay the allowance decided by the court to the husband, indicating that in many cases the man incurs huge sums, whether in the wedding or preparing the house. Based on her desire and travel together, then she simply comes and says "I do not want him" for flimsy and strange reasons, such as not liking anything of his behavior, such as the way he eats, drinks or snores, as if a person is a perfect creation. If she insists on divorce, she must compensate him for what he spent in marriage .
He pointed out that the same thing is achieved with the husband if he was wrong, and you find one of them - according to recorded cases - who marries a woman for 15 or 20 years and sees nothing but all good from her, then decides to separate from her and tries to push her to seek divorce by hitting her or insulting her in order to evade her dues. Financial material, and the back of the dowry is a small amount, pointing out that the court does justice to the woman in this case and decides on the compensation that it deems appropriate.
He emphasized that the compensation (compensation) is decided by the two arbiters, then the court examines and approves it according to its discretion for each case, and it has the right to reject the allowance decided by the two arbiters, such as a case in which a wife was obligated to pay the husband an amount of 500 thousand after she requested a divorce, without explaining the reasons, and when he was referred The file to the court, the judge found that there was no harm to the husband, there were no children between them, and only a simple wedding was held for her, and she spent five or six years with him, so the court did not find a justification for the exaggerated allowance, and canceled the decision of the two judgments, because the wisdom of the allowance is basically Fairness for the rightful party, not prejudice against the divorce applicant.
Achieving justice
The head of the Personal Status Court in Dubai, Judge Khaled Yahya Al Hosani, confirmed that the financial consequences that result from divorce constitute a burden on the shoulders of many, so the court is doing its utmost to achieve justice and studies the financial situation of the husband to determine whether he accumulates real debts on him. His divorced woman is entitled to the right and their children, and the expenses are determined, and if he is destitute or unemployed, he is imposed no less than the sufficiency level, which remains heavy, especially if the father leaves five or six children who are committed to their expenses and their housing, but in the end it is a right that cannot be avoided.
Falling into debt
The head of the Personal Status Court in Dubai, Judge Khaled Yahya Al Hosani, said in response to a question about exaggerating some expenses and overloading men after divorce, which opened a door for exploitation and put them in debt, that “there is no normal woman who accepts to be divorced no matter the return. Material from divorce, because she is well aware that her chances of getting a better marriage diminish, in addition to its social repercussions on her.
He added that interests definitely overwhelm some cases, but they remain individual and have special circumstances, attributing the women’s usually insistence on substantial financial claims to their desires for revenge because of their humiliation or their suffering with the husband, but the court looks at these demands with a degree of fairness and scrutiny, so what happened before Divorce does not give the wife the right to physically besiege him, and there are obligations that the man must fulfill.
- Dubai Court registers 1020 cases during the first half of the year.
85%
The rate of adjudication in personal status cases in Dubai during the first half.
The "Covid-19" pandemic is not a cause of marital disputes, but it brought it to the surface.
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