Al-Ain Court refused to compensate her for the false report

A man sues his ex-wife for leaving their children with the maid and her travels

Al-Ain Court of First Instance rejected a civil lawsuit brought by a woman against her ex-wife, and demanded that he compel him to compensate her for material and moral damages she had suffered from a false report and accusing her of neglecting the care of their children, and obligated the plaintiff to pay expenses and attorney fees.

In the details, a woman filed a lawsuit, in which she demanded to oblige the defendant to pay her compensation for material and moral damages in the amount of 100,000 dirhams, in addition to obligating him to pay fees and expenses and in return for attorney’s fees, noting that he filed a complaint against her unjustly, and accused her of exposing their children to neglect and leaving them With the maid in the home of a strange family, and traveling outside the country, and she was convicted of that act in the Court of First Instance, so she appealed against him and a ruling was issued to cancel the appealed judgment and acquit her of the charges against her.

She confirmed that her ex-husband was aware of her travels, and he also extracted her travel permit, which caused her material and moral damages. During the consideration of the case, the present presented a memorandum on behalf of the defendant, requesting the dismissal of the case while obligating the plaintiff to pay fees and expenses and in return for attorney's fees.

The court stated in the merits of the ruling that the person’s resort to a complaint or notification and their refusal, which are the legal means to protect the right, does not necessarily and in a necessary manner indicate that his use of that right was unlawful, as the refusal may be due to a special reason, stressing that the assessment of evidence of bad faith and malicious intent And the intent to harm or deny it, from the authority of the trial court, as long as its extraction is justified.

She indicated that the plaintiff based the request for compensation for the material and moral damages she sustained as a result of the defendant's act, on filing a malicious criminal lawsuit accusing her of exposing their children to neglect when she left them with the maid in the house of a family strange to them, and she traveled outside the state, pointing out that the court's firm is aware On the reasons for the appeal ruling that the court’s evidence of acquittal in the criminal case is the criminal court’s skepticism of the accusation, and therefore it is not possible to verify the error element in the compensation lawsuit for the false report, and the defendant had instituted his lawsuit based on his inability to reach his children, and thus this The notification does not call for the defendant to be held accountable because the notification was not about haste and recklessness, and then with the collapse of the error pillar, the rest of the pillars of responsibility collapse with it.

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