"Civilian of Ras Al Khaimah" referred the case to "Personal Status"

A woman demands her divorced woman earn a commercial license

A Gulf woman filed a civil lawsuit before the Ras Al Khaimah Courts, against her divorced woman of the same nationality, to calculate her profits and her share in the commercial license that existed between them before the divorce, but a total civil court ruled that it was not competent to hear the case, and referred it to the Personal Status Court, because the plaintiff She was the wife of the defendant.

In detail, a woman filed a civil case, in which she explained that she was the wife of the defendant, possesses a commercial license, and that she verbally authorized the defendant to manage the commercial activity, and he was entered as a partner at a rate of 50%, and he did not pay any money for that partnership, and his name was not listed as a partner in the license.

She explained that after the occurrence of the divorce, she asked the defendant to submit a statement of account for the period in which he worked as a manager and official of the commercial activity until the date of the case was filed, and also demanded a statement of the capital of the license that was not paid by him at the time of the conclusion of the partnership and the settlement of accounts between them, and obligated him to pay fees, expenses and attorneys' fees.

The court decided to delegate an expert to review the commercial license papers, as the report concluded that he is unable to carry out the task because there are no organized books, no audit papers to rely on for commercial activity, in addition to the absence of a Memorandum of Association for the license as the commercial license is a government grant.

The plaintiff demanded the dissolution of the partnership contract with the defendant, and the elimination of the nullity of the case, in accordance with the Amiri decree that prohibits non-females from owning licenses in the field of printing and photocopying offices, and obliging him to hand over to her the commercial activity and profits from the date of filing the case, based on the fact that the defendant violated the principle of partnership between them. By not keeping regular books as decided by the expert, and he did not hand over her share of the profits, so she has the right to rescind or nullify the contract to prohibit its ownership of commercial activity.

The court affirmed, in the merits of its ruling, that the first paragraph of Article 62 of the Personal Status Law stipulated that each of the spouses has the right to recourse to the other in the event of divorce or death if one of them participates in a trade or building a residence or the like, pointing out that it has taken place. On the court's judgment, that the wife's request to her husband after the divorce to return what she gave him during the establishment of their marital relationship, to invest it or to build a house or so on, falls within the disputes related to personal status matters.

She added that when the plaintiff handed over the management of the commercial license to the defendant, it was during a marital relationship between them, then he became a partner with her by 50%, and then her claim to him for those funds is within the jurisdiction of the Personal Status Court, and with him the court decides that it is not specifically competent to hear the case, And refer it to the personal status court of partial jurisdiction.

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