Ras Al Khaimah Court dismissed the case

The decisive oath ends a dispute between a married couple over 255,000 dirhams

Ras Al Khaimah Court assigned an arithmetic expert to clarify the nature of the debt.

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The Ras Al Khaimah Partial Civil Court resolved a financial dispute between a married couple worth AED255,480, as it rejected the lawsuit filed by the wife against her husband and obligated her to pay fees, expenses and attorney’s fees, after it was achieved that the husband’s responsibility was not preoccupied with the amount of the debt following the decisive oath of the defendant to confirm that he had not borrowed No money from the plaintiff.

In detail, the (foreign) plaintiff filed a lawsuit against her (Arab) husband, in which she stated that she had loaned him under bonds of 255 thousand and 480 dirhams. , with obligating him to pay fees and expenses.

The defendant said before the court that he is innocent of any loan towards the plaintiff, and there is no proof that he borrowed sums of money from her. And whether there was an agreement between them, and whether the defendant paid the plaintiff any of those sums of money, their amount, and what is owed by him in her favor, if any.

The expert explained that the document on which the plaintiff relies was tainted by arithmetic errors and mismatches, and there is nothing in it that explains the nature of each amount and whether the defendant borrowed those amounts and pledged to return them or not, in light of his denial of the borrowing process and the absence of any document showing the nature of his relationship with the plaintiff.

The plaintiff indicated that the defendant received sums of money from her as a loan, but due to the marital relationship that they had, she was unable to obtain a written proof of the loan due to the moral impediment arising from the marital relationship, while the defendant denied the loan due to the absence of evidence.

The plaintiff requested that the decisive oath be given to the plaintiff, and the defendant agreed to take the decisive oath directed at him according to the formula proposed by the plaintiff.

In the operative part of the Civil Court, it was stated that the defendant took the decisive oath before the court and verified that his responsibility was not concerned with the amount of the debt claimed by the plaintiff, and that was a decisive oath that completely resolved the dispute regarding the debt after the defendant swore it as soon as it was directed to him, confirming his denial of borrowing sums Financial from the plaintiff, which enriches the court from hearing the witnesses for the failure to prove the falsity of the oath, and accordingly the court decides to reject the case and obliges the plaintiff to pay fees, expenses and attorneys’ fees.

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