The "appeal" upheld the dismissal of the case
A man demands the restitution of half a million dirhams, which he gave to his wife
The Al-Ain Court of Appeal upheld a court of first instance ruling rejecting a man’s request to return to a gift he had given as a favor to his wife, and after she obtained it she obtained a divorce, and the court ruled rejecting the appeal and upholding the appealed judgment.
In the details, a man filed a lawsuit against his ex-wife, demanding that her pay him 500 thousand dirhams, indicating that the defendant borrowed from him half a million dirhams under a bank transfer, and when he asked her to return the amount, she delayed the payment, while the defendant submitted a notarized statement issued On the authority of the plaintiff, he admits and testifies to himself that he absolves his wife of the amount that he gave her as a favor, which is 500 thousand dirhams, and declares that he will not demand it from her now or in the future.
The plaintiff submitted a comment note stuck at the end of the request to terminate the donation contract and obligate the defendant to return an amount of 500 thousand dirhams, and in case of impossibility, compensate the plaintiff with a redressive compensation, explaining that he was subjected to coercion and fraud upon signing the donation, especially since he is 62 years old and the defendant took advantage of his progress She transferred the loan amount to a gift and then asked for divorce from him, and she obtained a divorce after confirming the gift of less than six months, which confirms that the defendant denied his right and violated her obligations, and seized his money until he became unable to spend on himself and his children.
A court of first instance ruled to dismiss the case and obligated the plaintiff to pay the fees and expenses, and the court did not gain acceptance with the plaintiff, so he appealed it, and criticized the appealed judgment that was wrong in applying the law and breaching the right of defense, as it had previously submitted a request to refer the case for investigation in order to enable him to prove the miserable material situation he reached and support him To his sons, and the extent of the appellant's recklessness and her breach of her obligations after the endowment was concluded, and also to prove that he was subjected to fraud and coercion when signing the gift, and that his will was not sound, indicating that he is retired and stubborn, and he no longer has enough money to spend on himself and provide for his children's needs.
The Court of Appeal stated in the merits of the ruling that the appellant testified against himself - with a notarized affidavit - that he absolves the appellant of the amount of the donation and pledged not to demand it, immediately or in the future, refuting and refuting his current claim that he was the victim of fraud and coercion when signing the donation, and that his will was not Sound, and the court ruled, accepting the appeal in form, rejecting it in substance, upholding the appealed judgment and obligating the appellant to pay the fees and expenses.
The
woman obtained a divorce 6 months after the gift was notarized.
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