The court awarded him 30,000 dirhams in moral compensation

A man turns to the police to arrest his wife in the act of treason

An (Arab) woman left the marital home and stayed in a separate house, following marital disputes, and the (Arab) husband doubted her matter and kept watching her at night until he made sure that she had a relationship with another person, and he reported to the police who caught her in an illegal seclusion with a stranger, and a civil court ruled Complete in Ras Al Khaimah to oblige the defendant (the wife and her partner) to pay the plaintiff and his children 30 thousand dirhams in compensation for the moral harm they suffered, as a result of his feeling insulted and infidelity and her breach of her domestic duties.

The Public Prosecution charged the two defendants with the charge of improving the sins and urging them to separate from each other, and the wife confessed in the police investigations to the crime, and returned and retracted her statements in the Public Prosecution, and her conviction for the crime of adultery was not proven, and the Criminal Court ruled to fine each of the accused 5,000 dirhams.

In detail, the husband filed a civil case, in which he stated that he had three children with his wife, and that she left the marital home and refused to return and rented an apartment to live in, and he learned from a friend that there was a man frequenting the wife's apartment, continuing that he was watching the wife and found out that there was a man with her in the apartment At night, he called the police who showed up and caught them.

The husband explained that he suffered material damage represented in his expense, attorney fees, and moral damage represented in the defendant’s demolition of his family, compromising his reputation and the reputation of his children, prejudice to his honor and consideration, grief and sorrow that befell him and his children, and their sense of shame and demeaning among their peers and the family surroundings, which is a damage that will be pursued in the future, demanding. The two defendants shall pay him and his children adequate and reparation compensation for future material and moral damages suffered by them.

The wife submitted a defense memorandum in which she requested the dismissal of the case for lack of validity and proof, as she denies the allegations of committing the crime, and the husband did not prove the material damage to him and he did not submit any evidence on that, and no moral damage was proven and he based his case on sent statements, as her conviction for the crime of adultery was not proven. According to what was confirmed by the DNA report, the case must be rejected due to its lack of legal evidence and evidence.

According to the reasons for the court’s ruling, the court, within the framework of its discretionary power, to extract the extent of proof of the error attributed by the husband to the defendants, and if it resulted in harm to the plaintiff that is necessary for compensation or not, then the court considers by reference to what is included in the evidence of the incident, that the wife confessed to the crime when Hearing her statements, even if she later retracted these confessions in the Public Prosecution investigations, but she, like her partner, admitted that they had disappeared with each other and that they were at her home at night without the presence of a mahram.

She explained that the court considers that the incident of the defendant's eviction between them at night, and what the defendants committed in it is a mistake that is necessary for them to be held criminally because this improves the sin and urges it, because the disappearance of a man at night with a married woman and without the presence of a forbidden act that is forbidden by religion and morals and is punished by the legislator in the Penal Code And it is a mistake that caused moral harm to the plaintiff, which was represented in his feeling of insult and infidelity from his partner and her breach of her domestic duties, which is the mother of his children.

She added that she believes that the defendant's mistake is constant and was a direct cause of the moral damage to the plaintiff and the offense caused by the mistake and harm to his honor, consideration and feeling of betrayal, and the profound psychological impact that this will have on him and his children in the future, and she pointed out that the causal relationship is fixed between the harm. Al-Adab and the mistake committed by the defendants against them, which results in their negligence.

It indicated that the plaintiff did not prove the nature of the material damage that he suffered and what is specifically represented and he did not indicate any invoices or confirmations that he incurred expenses, which was not proven by the plaintiff and rejected by the court.

She confirmed that she had established a conviction in proving the moral error on the side of the defendants, which is a mistake that obliges them to compensate the plaintiff and his sons for the moral harm that they suffered, and the court estimates it at a value of 30 thousand dirhams and the court obliges the defendants to show solidarity between them on the basis of the unity of the source of commitment to the tort

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