Legal: The man is not obligated to pay it on behalf of his wife, and it is not included in the alimony

Marital disputes reach the courts .. The reason is "traffic violations"

• The responsibility for the traffic violation lies with the person who drives a vehicle and commits a violation.

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• Youssef Al-Sharif: “Punishments are personal, requiring the one who did them.”

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Recently, state courts have examined disputes between spouses and divorced people for various reasons, some of which are due to material reasons, such as the responsibility to pay sums of money resulting from accumulated traffic violations committed by one of them, whether in his car or the vehicle of the other party.

The legal advisor, Dr. Youssef Al-Sharif, comments that the traffic violations committed by some wives may anger their husbands, given the financial burdens they add to them, especially when the wife does not work and has no income, and these disputes may reach the judiciary when she is between divorcees.

Al-Sharif added that the law does not obligate anyone to bear the responsibility of the other party for the violations he commits, as the penalties are personal, and require the one who did them, so the man is not obligated to pay the value of the traffic violations on behalf of his wife, and she does not fall within the guardianship, but he does so voluntarily, and from The basis of the marital relationship that binds them, but in the event of a dispute between the spouses, there is no responsibility on the husband to bear these violations.

He stressed that traffic violations are not included in the expenses required by the husband, meaning that if a man is obligated to pay expenses to his ex-wife to enable her to meet her living needs, and she commits traffic violations in the car she drives, he is not obligated to pay them instead.

He pointed out that the responsibility to pay the traffic violation also applies to any person who was driving a third party vehicle and committed the violation, whether it was the wife, the divorced woman or the driver who works for his sponsor. responsibility to pay it off.

The state courts finally considered cases between divorced people, the focus of which was traffic violations, where a court of first instance obligated a (divorced) woman to pay the value of 15 traffic violations she committed, using the car registered in the name of her ex-husband, which he provided for her after their separation, where the complainant filed a lawsuit claiming it. Obligating the defendant (his ex-wife) to pay an amount of 7,290 dirhams with legal interest at 9% from the date of the claim until full payment, with expenses and fees, attached copies and statements of violations, payment receipts, and a copy of a court ruling.

In the ruling, the court stated that the defendant is responsible for these violations, as the car was delivered to her for her use, and in this she acted as her guard, and accordingly the court ruled that she was obligated to pay the value of the violations.

In another case, a court of first instance rejected a case brought by a woman against her ex-husband, demanding that he return her car, and pay the value of traffic violations amounting to 14,000 dirhams. Traffic and licensing to transfer all traffic violations worth 14,000 dirhams, and black points to the traffic code of the defendant.

She said that she owns the vehicle, and during the marital relationship, the defendant used her vehicle, on the pretext that she did not have a driver's license that authorized her to drive the vehicle, and while driving the vehicle, he committed traffic violations inside and outside the country, and after the divorce occurred between them, the defendant still refused to return the vehicle, Nor did he pay the fines.

The court ruled to reject the case, explaining in the merits of the ruling that the defendant “her ex-wife” appeared before the court, and provided evidence of an acquittal issued by the Traffic Department, in which it was established that there were no traffic violations on the vehicle, and that he provided evidence that the vehicle was received by the plaintiff “his ex-wife” According to a “receipt report”, which is the case with him, and the same is the case with the judiciary, to reject the case, and oblige the plaintiff to spend.

During the past years, state courts witnessed cases brought by men against their ex-wives, due to traffic violations incurred by them, while the vehicles registered for those violations were in the names of the husbands.

"Emirates Today" monitored requests submitted by women in divorce cases before the courts, including obligating the divorced person to pay the delay of the dowry, the maintenance of the waiting period, the maintenance of pleasure, the alimony of the waiting period, the late marital alimony, the alimony of the children, the clothing of the two Eids, the winter and summer clothing, the payment of the nursery fare, and the provision of A maid, a car, a separate foster home, the costs of private lessons, sanitation expenses, renewal fees for car ownership, and payment of traffic violations.

• Women demand their ex-husbands to pay car ownership renewal fees and traffic fines.

Traffic control procedures

Traffic departments allow drivers to object to traffic violations within a month from the date of notification of the violation by sending a text message to the vehicle owner.

And based on Ministerial Resolution No. 178 of 2017 regarding traffic control rules and procedures, the vehicle owner is notified of the details of the violations that are recorded on the vehicle, and the relevant authorities are reviewed within a month from its date to give him the opportunity to object to the violation permanently that it is incorrect, or that another driver committed it unless The violation was in the presence of the latter.

In the event that the driver does not attend during the specified period, the vehicle and its owner shall be liable for the administrative penalties prescribed for traffic violations, as the failure of the owner to review or object to the violation is considered a presumption that he committed the traffic violation unless proven otherwise.

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