The “cassation” rejected the “appeal” ruling due to the end of the relationship between them

A woman is asking her ex-husband to bring her and her children to the state

The “cassation” supported the husband’s appeal against the “appeal” ruling.

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The Court of Cassation in Abu Dhabi overturned an appeals ruling requiring a man to pay the expenses of bringing his divorced woman and his two sons to the state, fixing their residency, the nursery's housing rent, and bringing in a maid and her wages.

In the reasons for the ruling, she confirmed that the marriage relationship between the two parties ended and the divorced woman resided in the country for the sake of work, and that there was no justification for the defendant to join her with her father's children in the UAE, and then what the ruling decided in this regard is not based on any legal basis.

The court upheld what the judgment ruled regarding obligating the man to support the two children and their custody wages on the basis that what the ruling specified was appropriate for the financial position of the spender and the economic conditions in time and place, as well as his obligation to study expenses.

In details, a woman filed a lawsuit against her divorced woman, in which she demanded proof of custody of her two children, the payment of their expenses, the rent of furnished housing in Abu Dhabi, the payment of water, electricity and internet bills, 5,000 dirhams for the two boys ’study fees for the last academic year, 30 thousand dirhams for the current school year, and payment of treatment expenses that They are not covered by insurance, hand over all their belongings, furniture and personal clothes, or pay their share of those things and furniture, and bring them into the state as an incubator for the two children after renewing their residency and health card, paying the nursery fee, paying the expenses of bringing in a maid, and paying her residence fees, monthly wages and transportation allowances, including school transportation, Eid clothing and travel tickets To and from her country.

The woman’s defense said, “The defendant divorced her, canceled her residency, and left her with her two sons in her country without housing and no alimony, so that he could devote himself to his new wife, and given the aggravation of the problems between them, she accepted the divorce that he offered her in exchange for her giving up her marital rights from alimony.”

The court of first instance decided to prove the plaintiff’s custody of her two sons until the male reaches the male and marries the female unless he decides or otherwise agrees, and obliges the defendant to bring the two children and the incubator to the state and pay the expenses of their recruitment and fix their residency, and pay 3000 dirhams per month the expenses of the two children together, including food, drink, clothing and transportation as of today. From the date of the judicial claim, provided that the alimony paid to them and the annual amount of 50 thousand dirhams shall be deducted from the rent for a nursery house, including water, electricity and internet bills, starting from the time the plaintiff and the two children entered the state.

It also ordered the man to teach the two children, 200 dirhams a month the nursery fee from the date of the judicial claim, 10 thousand dirhams, one-time fee for the recruitment of a maid and her sponsorship according to the regulations in force in the country, and 1,000 dirhams per month for the maid's wage, and he refused anything other than that, and the Court of Appeal upheld it. This ruling is before the Court of Cassation.

The defense of the defendant, lawyer Ali Al-Abadi, said in his appeal that the verdict was wrong when he supported the first-degree ruling in the matter of obliging his client to bring his two sons and the incubator from his country to the Emirates, because their residency requires many expenses that he cannot bear, as well as regarding what he has decided to obligate By paying the rent for the nursery, the expenses of bringing the maid, her wages, and alimony for the two children without taking into account his limited income.

The Court of Cassation upheld the appeal regarding bringing in the defendant's two sons and the incubator, the nursery house rent, bringing the maid and paying her wages, indicating that the subject court has the discretionary power to determine the alimony in all its terms, but it is necessary to adhere to the criteria for this determination stipulated in the Personal Status Law, which is the material situation of the defendant. And that his salary is 16 thousand dirhams, and that the plaintiff has not proven that he has another income, because what she claimed of his possession of three real estate did not provide evidence that these properties bring him a certain income, nor did it prove what she claimed that he received an early pension with an official document.

She pointed out that the evidence from the case documents is that the two parties are foreigners, and none of them adheres to the application of his national law and establishes it in accordance with the rules, and it was decided under Article 5 of the UAE Personal Status Law that the state's courts shall have jurisdiction to hear cases related to personal status matters that are brought against citizens and foreigners who have them. Residence, place of residence, or workplace in the country.

She added that it is proven that the defendant has a known residence in the country by virtue of his residency in it, in addition to his acknowledgment that he works for a company in Abu Dhabi. Therefore, the appealed verdict in which the defendant refused to pay the defendant from the lack of jurisdiction of the state courts is in accordance with the correct law.

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