Ras Al Khaimah Court obligated him to return the amount

A Gulf Arab seizes 50 thousand dirhams from his sister's dowry

A (Gulf) man seized 50 thousand dirhams from his sister's dowry, during her marriage contract with her husband, and refused to return the amount. A partial civil court in Ras Al Khaimah ruled that he must pay his sister the amount, and obligated him with fees and expenses.

In detail, the plaintiff stated in the lawsuit that her marriage took place in the presence of two of her brothers, and her husband's agent paid 100,000 dirhams of her dowry to her brother, and after the conclusion of the contract ceremony, her brother handed her 50,000 dirhams and took the rest of the amount for himself, pointing out that she tried to enter her second brother as a mediator To speak with the defendant to return the amount, but he refused without legal justification. She explained that the amount seized was the rest of her dowry, and her brother had no right to take it, demanding that he pay her the remaining 50 thousand dirhams of the dowry, in addition to fees, expenses and attorney's fees.

The court heard the testimony of the husband, who decided that he married the plaintiff and it was agreed to pay 100,000 dirhams as a dowry to her, and on the day of the marriage contract, his agent handed the amount to the defendant, and that his wife told him that her brother handed her 50 thousand dirhams, and by asking the court to the second witness, the sister of the plaintiff, decided That the defendant handed her sister 50 thousand dirhams, and kept the rest of the dowry for himself, and a third witness acknowledged the same content, and the defendant appeared before the court and asked to reject the case, and submitted an interlocutory request to oblige the plaintiff to pay him 30 thousand dirhams, and legal interests amounting to 12%, from the date of the claim until payment.

The defendant explained in the lawsuit papers that it was agreed with his sister’s husband on a named dowry between them of 50 thousand dirhams, and the advance from him at the time of writing the contract was 20 thousand dirhams, and the backside was 30 thousand dirhams, and he pointed out that the plaintiff received the dowry advance and increased it from his own money 30 thousand dirhams until She prepares herself, and returns the money to him if he requests it, after receiving her right to inherit.

The plaintiff indicated before the court, after taking the complementary oath, that the defendant had not given her 30 thousand dirhams to equip herself, and that she was innocent of that amount.

In the ruling, the court confirmed that the plaintiff proved her apparent right to the 50 thousand dirhams, which the defendant received as a dowry for her and took it for himself, and that the court reassured the witnesses’ statements and took them as baptism for her judiciary, as well as reassuring the plaintiff to swear an oath, and the defendant’s preoccupation with the remaining amount of the dowry, Pointing out that the lawsuit papers were devoid of what indicated that the defendant was cleared of this debt, or that he had paid the plaintiff, a matter with which the court ordered him to return 50,000 dirhams to the plaintiff, in addition to fees, expenses and attorneys' fees.

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