Ruling on returning to the marital home and exchanging respect for her husband

He refused to divorce Gulf and her obligation to obey

The husband demanded that he be respected and not divulge marital secrets.

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The Personal Status Court of Appeal in Ras Al Khaimah ruled, upholding the first-degree court ruling rejecting a divorce lawsuit filed by a (Gulf) wife against her husband of the same nationality, obligating her to return to the marital home, taking care of the marital interests, and exchanging respect for her husband, and ordered that the custody of the two children be attached to their mother, and obligated her with fees. And the expenses, as it decided to amend the first-degree ruling that obligated the husband to pay his wife 3000 dirhams per month for the maintenance of the two children equally between them, by adding a phrase starting from the date of filing the lawsuit, and obliging the husband to pay the expenses and attorney fees.

In detail, the plaintiff's husband filed a lawsuit before a court of first instance against his wife, the defendant, demanding that she be obliged to enter into his obedience and return to the marital home and not leave it without his permission, respect it, and not divulge marital secrets, and obligate her to pay expenses and attorney fees.

The defendant filed a lawsuit in which she demanded her divorce from the plaintiff due to harm, and his compulsion to pay the back of the dowry of 3000 dirhams, 15 thousand dirhams for waiting period, 60 thousand dirhams for pleasure maintenance, 15 thousand dirhams for housing maintenance, and to obligate him to pay a late marital alimony of 180 thousand dirhams, in addition to The late alimony for her two children is 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 4000 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 that she requests a car for the transportation of the two children and her expenses, while obliging him to pay fees, and attorney fees, on the basis that she is his wife, and that he caused her harm that he cannot bear for not providing him with an independent marital home, not spending it on her and her two children, mistreating her and beating her.

In the defense memorandum, the husband's lawyer, Ramzi al-Agouz, indicated that the defendant refused attempts at reconciliation, and cited two witnesses in the case, as their testimony proved that they knew nothing about marital disputes, except through court facts.

He pointed out that the defendant lives in a separate house, far from the rest of the husband's family, and that the papers are devoid of physical evidence proving the wife's exposure to harm, and with him the request for divorce must be rejected because the case is free of legal and legal evidence, and the wife is obligated to obey her husband's three-room home Two lounges, two bathrooms and a kitchen, and not leaving it except with his permission and respect, and not divulging marital secrets, otherwise the 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, from the late dowry, fun and waiting period, custody housing, foster fare, maid, and car driver.

The court 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 due to the custody dispute.

She pointed out that the papers were empty of money for the two children to spend on them, and that the papers prove that the husband is the father of the two children, and that he must be obligated to spend on them in accordance with the Personal Status Law, and with it the court decides to amend the appealed ruling on alimony for the two children, at a value of 3000 dirhams per month equally between the husband and wife, As of the date of filing the case, the husband was obligated to pay the expenses and attorney fees.

It also ruled to cancel what was decided by the appealed ruling in refusing the wife’s request to have custody of the two children, and to annex them to her mother, support her return to the marital home and decide on it, take care of marital interests and reciprocate his respect, and obligate her to pay the expenses and oblige her husband to pay the remaining half of the expenses.

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