Abu Dhabi Primary School rejected the case due to lack of evidence

A man asks his wife to pay the installments for a car he gave her

Abu Dhabi Primary School: The plaintiff could not prove that he had given the vehicle to his wife as a debt.

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The Abu Dhabi Court of First Instance ruled to reject the lawsuit of a student’s husband to oblige his wife to pay installments for a car that he financed for her as a debt, while the wife confirmed that the car was given to her by her husband on the occasion of her birthday, and that it does not work until she can pay monthly installments.

In the details, a man filed a lawsuit against his wife, demanding that her pay the value of a car owned by his wife, and he pays the financing installments in a total amount of 107 thousand and 977 dirhams since March 2018 until the date of filing the lawsuit, and obligating her to pay what he would owe to the bank in installments until the end Funding in March 2023, and also obligating it to pay the plaintiff 20 thousand dirhams in compensation for all material and moral damages suffered by him as a result of the defendant's failure to pay the sums subject to the lawsuit to the plaintiff and the legal interest on the amount of 12%.

The plaintiff indicated that he has a marital relationship with the defendant, and she has asked him to finance a car murabaha with a total financing of 107 thousand and 977 dirhams, so that he is obligated to pay it in monthly installments in the amount of 2003 dirhams, and the marital relationship was the moral impediment to his taking guarantees, and the defendant took advantage of that and refused When he asked her to pay the sums, she procrastinated and refused to pay. He presented a photocopy of the license showing that the owner was the defendant and a photocopy of the bank of the car financing scheme in his name.

During the consideration of the case, the plaintiff asserted that the marital relationship still exists between him and his wife, but that there are other lawsuits between them, which are personal and civil status suits, indicating that it was agreed with his wife to finance a vehicle for her, provided that she would return its value later through her father, while the wife denied Her husband said, indicating that he gifted the vehicle to her on her birthday.

The court clarified in the merits of its ruling that the plaintiff's financing of the vehicle and paying its price in monthly installments to the bank does not prove that the defendant owes the plaintiff that amount, especially since the plaintiff was unable to prove that he gave the vehicle as a debt, provided that it returns the price, and acknowledged that he has no evidence His statements were sent in this regard and devoid of evidence, and the court established that the marital bond still exists between the two parties, and that the defendant does not work while she is a housewife, which leads to this lawsuit losing its basis, and the court ruled to reject the lawsuit while obliging the plaintiff to pay fees and expenses .

• The marital relationship exists, despite the existence of personal and civil status lawsuits between them.

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