“Dubai Criminal Court” convicted her, and “appeal” acquitted her

An Asian sues his wife over an "identity card"

Dubai Appeal questioned the validity of attributing the accusation to the wife.

Photography: Patrick Castillo

The Court of Appeal in Dubai canceled a ruling that sentenced an Asian woman to be imprisoned for three months and deported from the state, and ruled her innocence, after being convicted by the Court of First Instance, of using an official document (identity card) of her husband without his knowledge to cancel her residence on his sponsorship, and transferring residence to A company sponsorship, given that he intended to return her and their children to their country.

According to the lawsuit papers, family disputes occurred between the spouses, and developed into a legal case between them in Ras Al Khaimah Court, and the husband intended to cancel his family’s residency, and return them to their hometown, so the wife planned to cancel her residency, which was on his sponsorship, without his knowledge, so as not to complicate matters for her, She took his identity card and presented it to an employee at the General Administration of Residency and Foreigners Affairs. The latter asked her if her husband was in the country, and she assured him of this, and then canceled her residency, which she later transferred to a company.

The husband wrote a report, and filed a lawsuit against his wife when he learned of this, and stated in the investigations that he was at odds with her, so she took his identity card without his knowledge, and canceled her residency, pointing out that he asked her to bring the passports of her and their children, which she had in the framework of a legal lawsuit between them. She handed him the children's passports, but she did not give him hers, so he realized that she had tampered with and canceled the residence.

The husband said that he did not give his wife his identity card, but she deceived through his daughter, who requested the card, claiming a special treatment at the school, so he handed it to her, and he does not know if his wife took it from the daughter or in another way.

By asking the accused in the police report and investigations of the Public Prosecution, she stated that she took the card with his knowledge, as he threw it and told her to do with it what she wanted, and on this basis, she went to the General Administration of Residency and canceled his bail, and she also denied the accusation against her before the Criminal Court, which was not convinced of her defenses. and sentenced her to imprisonment for three months and deportation.

The wife appealed to the Court of Appeal, and decided that her husband had given her his identity, and her lawyer had paid the accusation, and lax reporting, and presented a defense witness, who is his daughter who testified that her father came to the house and threw the card, and told her to go and use the card to transfer the bail, and then return her after that.

In the ruling’s merits, the Court of Appeal confirmed that, after examining the case with foresight and insight, there was doubt in the authenticity of the elements of evidence, and it was questioning the validity of attributing the accusation to the wife, especially in light of the contradiction of the husband’s statements in the record of inference and investigations of the Public Prosecution, and ended with her innocence of the charge against her. .

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