Refusal to divorce Gulf and her commitment to marital obedience

The Personal Status Court of Appeal ruled, in the courts of Ras Al Khaimah, upholding the judgment of the first instance court rejecting the divorce lawsuit filed by a (Gulf) wife against her husband of the same nationality, obligating her to return to the marital home and deciding on it, taking care of the interests of marital, and exchanging respect for her husband, and ordered the custody of the two children to be attached to their mother And obligated her to pay fees and expenses, and also decided to amend the first-degree ruling that required the husband to pay his wife three thousand dirhams per month for the alimony of the two children equally between them, by adding a phrase as of the date of filing the case, and obliging the husband to the expenses and attorney fees.

In detail, the plaintiff's husband filed a lawsuit before a court of first instance against his defendant wife, in which he demanded that she be obligated to enter into his obedience, return to the marital home and not leave it without his permission, respect it, and not divulge marital secrets, and obligate her to pay the expenses and attorneys' fees, on the basis that the defendant is always leaving For his obedience and causing problems, and pretending not to spend on them.

The defendant filed a lawsuit in which she demanded her divorce from the plaintiff due to harm, and his obligation to pay the back of the dowry of three thousand dirhams, 15 thousand dirhams for waiting period, 60 thousand dirhams for pleasure maintenance, 15 thousand dirhams for the maintenance of the waiting period, and to obligate him to pay a late marital alimony of 180 thousand dirhams, in addition To her two children's late alimony of 120,000 dirhams.

She added that she is requesting proof of her custody of her two children, obligating the plaintiff to wear the two holidays, at a value of 10 thousand dirhams, and paying the nursery fee of four thousand dirhams, obligating him to provide a maid and a car, providing an independent incubator housing and paying the bills, and obligating him to study expenses of 20 thousand dirhams.

She indicated in the lawsuit newspaper that she was requesting a car for the transportation, expenses and maintenance of the two children, while obliging him to pay fees and expenses, and attorney fees, on the basis that she was his wife, and that he had suffered harm that he could not bear for not providing him with independent marital housing and not spending it on her and her two children, mistreating her and beating her. And give up his household responsibilities.

The husband's lawyer, Ramzi al-Ajouz, indicated in the defense memorandum that the defendant refused attempts to reconcile between her and the plaintiff, and she invoked two witnesses in the case, as their testimony proved that they do nothing about marital disputes except through court facts, and he continued, that there is no legitimate reason or Legally, it permits the wife to request a divorce, destroys her marital life, and denies her husband the direct care of his children.

He explained that the wife’s statements were sent and there is no basis for his client’s beating of her, as she did not initiate a report to prove the incident, and that her silence on the incident of assault raises suspicion and suspicion, and pointed out that the defendant lives in a separate house far from the rest of the husband’s family, and that the papers are empty From physical evidence proving that the wife was harmed, and with it the request for divorce must be rejected for harm, because the case is devoid of legal and legal evidence, and the wife is obligated to obey her husband's house consisting of three rooms, two halls, two bathrooms, a kitchen and not leave it without his permission and respect and not divulge marital secrets, otherwise alimony will be forfeited.

The statement of the Court of Appeal ruling stated that the wife was unable to prove her husband's harm to her, so the court must reject the divorce lawsuit for harm, as well as her requests resulting from the request for divorce, such as the delay of the dowry, the fun and the waiting period, the custody housing, the incubator's fee, the maid, and the driver of the car.

She added that the wife's request for custody of her two children was valid because the mother is in the first place in the arrangement of the incubators and is ahead of the father, and that she has custody of her children over the dispute over custody, and she pointed out that the papers are empty of money for the two children to spend on them, and that the papers prove that the husband is the father The two children, and that he must be obligated to spend on them pursuant to the Personal Status Law, and with it the court decides to amend the appealed judgment of alimony for the two children, at a value of three thousand dirhams per month, divided equally between the husband and wife, starting from the date of filing the case, and obligates the husband to pay the expenses and attorney fees.

It also ruled to cancel what was decided by the appealed ruling that rejected the wife’s request to have custody of the two children, and stipulated that they be attached to her mother, support her return to the marital home and the decision to do so, and take care of the interests of the marriage and reciprocate his respect, and obligated her to spend and obligated her husband to pay the remaining half of the expenses.

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