A female quarrel ends in two criminal and civil cases

The Abu Dhabi Family and Civil and Administrative Claims Court rejected a lawsuit filed by a woman who demanded that another woman be obliged to pay 200,000 dirhams in compensation for the material and moral damages she sustained from the defendant submitting a false report against her alleging that she and her daughter had beaten her.

In detail, a woman filed a lawsuit against her neighbor, demanding that she pay her 200,000 dirhams, in compensation for the material and moral damages she sustained, as well as obligating her to pay fees and expenses, noting that the defendant submitted a malicious complaint in which she claimed that the plaintiff had assaulted her by beating her. The reason was that, when she was in front of the house in which she lives, she pushed her and closed the door forcefully and then came with her daughter and beat her, which caused her the injuries mentioned in the medical report, in which the criminal court ruled in her presence that she was innocent of the charges against her.

For its part, the court made it clear in the merits of its ruling that it is established according to the Civil Transactions Law that legal permissibility is incompatible with the guarantee, so whoever legitimately uses his right does not guarantee the harm resulting from that, noting that compensation for damage requires the availability of elements of responsibility such as error, damage and a causal relationship And it was decided that the main element in the crime of false notification is intentionally lying in the notification, which requires that the informant be known with certain knowledge that does not allow him to doubt the fact that he was informed that it is false and that the informant against him is innocent of it.

The court confirmed that the case papers were devoid of any evidence to prove the defendant’s mistake, or the existence of a case specified in the Civil Transactions Law, and what it had done in opening a report against the plaintiff regarding the assault and insult against her was considered a public right related to the right to litigation, and it was not proven From the apparent meaning of the papers, the court may abuse its legitimate right to litigation, which is guaranteed by law and the constitution, which is represented in submitting communications and lawsuits to establish rights.

She indicated that it was not proven that those facts that she reported were false or that she intended to harm the plaintiff with what she reported, and the maliciousness of that report or the haste in its submission, or that the defendant was false when she reported the two charges against the plaintiff, which negates the element of error. on the defendant's side.

The court indicated that with the collapse of the corner of the error, the rest of the elements of tort responsibility collapse with it, with the plaintiff’s request for compensation for the maliciousness of the case and the abuse of the right to litigation based on a non-correct basis of reality and law, and the court ruled to reject the case and obligate the plaintiff to pay fees and expenses.

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