A woman accuses her ex-husband of being seriously ill

The Abu Dhabi Court for Family and Civil and Administrative Claims has ordered a man to pay his ex-wife 70,000 dirhams in compensation for the material and moral damages she sustained as a result of contracting a contagious disease that was transmitted to her during their marriage.

In the details, an “Asian” woman filed a lawsuit against her ex-husband, asking him to oblige him to pay her five million dirhams, Jaber’s compensation for material and moral damages, noting that she was the defendant’s wife, and during the marital life between them she fell seriously ill and became suffering from fatigue, laziness and extreme exhaustion, and upon reviewing her A hospital discovered that she had a contagious disease and she needs continuous medical follow-up to relieve the acute pain that afflicts the reproductive system, and this disease leads to female infertility, and this disease was transmitted to her from her ex-wife during their marriage, as the defendant was infected with this disease before marriage and hid the matter from her, and the matter was completed. Convicted under a criminal judgment for what was attributed to him and fined him 10 thousand dirhams.

The defendant submitted a reply memorandum in which he denied the case and argued that he had contracted this disease and after he recovered and recovered from it, he proceeded to marry the plaintiff after obtaining a medical certificate stating that he was free of diseases, and that he was well-intentioned and did not intend maliciousness, bad intent and harm to the plaintiff, and that it was not proven in any way Legal nature of the disease that caused her harm, its extent and impact on her, determining its size and type, and the personal loss that resulted from it, requesting the rejection of the case for lack of health and proof, and obligating the plaintiff to pay fees and expenses of the case, and attach a medical report stating that he is free of this disease.

The court stated in the merits of the ruling that, according to the decision of the Civil Transactions Law, that every harm to others obliges the doer, even if he is not distinguished, to guarantee the harm, noting that it is established in the papers that the defendant was tried in the criminal case and convicted, and the error for which the defendant was convicted was the same mistake On the basis of which the plaintiff relied in filing her civil action, and the penal judgment has a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil suits, and in the legal description of this act and its attribution to its perpetrator, and then, in this joint issue, he has the authority of the thing in which the judgment is ruled, with what is forbidden to the court. If you disagree with it or re-examine it, and then the elements of tort responsibility have been met by the defendant, and the court must come to estimate the compensation that the plaintiff deserves.

She indicated that the evidence in the papers is that the plaintiff contracted a disease of the reproductive system and that disease was transmitted to her from the defendant, so the plaintiff's injury to that disease constitutes a compromising the safety and health of her body, and consequently material damages represented in the physical pain she suffered as a result of the disease in addition to her incurring attorney's fees The plaintiff is entitled to financial compensation.

The court noted that the plaintiff submitted a receipt for attorney fees of 200,000 dirhams, but the defendant is not obligated to the generosity and generosity of the plaintiff with her attorney. Mere statements sent without a bond or evidence, and the papers were empty of evidence indicating the extent of the seriousness of this disease and its consequences.

The court ruled to obligate the man to pay his ex-wife 70,000 dirhams, Jaber’s compensation for the material and moral damages that she sustained, and to obligate the defendant to pay the plaintiff the delayed interest at the rate of 5% of the amount awarded, starting from the date of the judgment becoming final and conclusive until full payment, provided that it does not exceed the original amount In addition to obligating the defendant to pay the fees and expenses of the case, and rejecting all other requests.

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