Because of the high cost of living

Abu Dhabi cassation calls for an absolute incubator alimony increase

Banking and debt

The Court of Cassation in Abu Dhabi ruled to revoke an appeals ruling, which stipulated that there should not be an increase in the total alimony for an incubator for three girls, and it decided to increase the amount of alimony, based on changing economic and living conditions, indicating that the estimation of alimony must take into account the capacity of the spender and the condition of the spender over him, and the economic situation in time and place Not less than sufficiency.

The details of the ruling are related to the fact that a father of three daughters filed two lawsuits in which his ex-wife "who is the custodian of his three daughters" sued, and demanded that he be able to see his daughters with accompanying three times a week, and to hand them to him the original affairs card of one of his daughters "from the people of determination" and to pay car offenses With her reform, and obligating her to pay monthly bills to the court in exchange for the alimony she receives from him, and to inform him a month before the end of the rental contract of the house in which she resides, and the ruling preventing her from traveling with his children in custody.

While his “ex-wife” filed a lawsuit, in which she indicated that her divorced woman had committed before the family directive to pay her 4000 dirhams per month for the maintenance of his daughters, and 500 dirhams per month for nursery wages. However, the two informants became insufficient, due to the increase in the needs of the girls due to their old age and the high prices, noting Noting that according to an agreement concluded between them before the family directive, her divorced woman committed to pay her the delay of her dowry of 10 thousand dirhams, the maintenance of her iddat is 4,500 dirhams, and her enjoyment of 10 thousand dirhams, and the expenses of bringing in the maid an amount of 8,000 dirhams, in the form of installments, but he did not abide by that. Financial, in addition to being a credit to him of 19 thousand dirhams as a loan.

In her lawsuit, she demanded the ruling to increase alimony for the daughters, the nursery fee, pay the amount of 50 thousand and 700 dirhams in arrears that he still owes, and to allow her to travel with her daughters, to compel their father to pay their travel tickets and travel expenses, to provide adequate housing for nursery, and to organize the girls ’vision provided that it takes place within social support Or when they grandmother to their father on Fridays and Saturdays, and to pay the fees for the girls ’education for two academic years and treatment fees for the girls, in addition to keeping the original affairs card of one of their daughters" from people of determination. "

After the court's decision to join the cases, the court of first instance ordered the mother to allow the father to see his daughters from her on Friday every week from 11 in the morning, and to allow them to be taken outside the center, provided that he return them at five in the evening of the same day, under the supervision of social support, and to oblige her to enable him to see them On the second day of Eid al-Fitr and Eid al-Adha at the same times.

In the mother’s case, the court ruled to compel the father to initiate the procedures for changing the family book’s data, canceling the names of the daughters in that document, and rejecting the rest of her requests, so the mother appealed the ruling, and the Court of Appeal rejected her appeal, so she appealed the ruling before the Court of Cassation, confirming that he had made a mistake in applying the law and refused The increase in the specified alimony for the daughters at an amount of 4000 dirhams per month, and their nursery rent by 500 dirhams per month despite the passage of four years on this limitation, which resulted in an increase in the needs of girls than it was at the time of this determination, due to their old age, changing economic conditions and the high cost of living, which became an amount Alimony and nursery fees are not sufficient, in addition to the fact that the father is well off, and he receives a monthly salary of 35 thousand and 800 dirhams.

For its part, the Court of Cassation confirmed in the merits of its ruling that the mother's appeal regarding the increase in alimony is in order, explaining that, according to Articles 63 and 64 of the Personal Status Law, the alimony may be increased if the spender's condition, the condition of the spender, the economic and living conditions, and the economic situation change in time and place, but not less On the sufficiency limit, noting that the court refused to increase the children's alimony and the nursery fee without justifying that with reasons and taking into account the passage of a long period for determining this alimony, and the foster care fee, in a manner that necessitates revoking the ruling in this part.

She indicated that with regard to the mother’s appeal against the ruling on the delay of the dowry, the maintenance of the iddat, the waiting period, and the expenses of bringing the maid, the “veto” confirmed that it was not valid, as it was made according to an agreement concluded before the family directive, and it has the power of an executive document, and she must resort to implementing it, not through The lawsuit, again, regarding it, and about the loan amount, confirmed that the application is not among the issues in which the jurisdiction is held in the Personal Status Department and decided to refer it to the Partial Civil Department for a new decision.

The court also affirmed in its ruling that the social assistance granted by the state to people of determination is considered a special right to help them meet the requirements of life due to their health condition. Therefore, the original card for the daughter and related to her aid must be in the hand of her custodian.

• The court confirmed that the mother's appeal regarding the increase in alimony is valid.

Follow our latest local and sports news, and the latest political and economic developments via Google news