A father is obligated to return the sums paid by the mother for the education of their daughter

Annaq: The daughter’s maintenance of the father until she marries, and the son until he works

“Revocation”: alimony is not obligatory for the well-to-do mother, unless the father is lost or unable to support.

Photography: Eric Arrasas

The Court of Cassation said, in a recent judicial ruling, that the Personal Status Law stipulates that alimony for a girl who has no money is obligatory for her father until she gets married, while alimony is obligatory for the son until he reaches the point where his peers earn, unless a student continues his studies successfully. usual.

She added that alimony is not obligatory for the affluent mother, unless the father has lost, or it is proven that he is unable to provide.

The court upheld a preliminary ruling obligating the father to return 117,000 dirhams, which the mother paid for her daughter's school fees without the permission of her ex-husband.

The court also upheld the obligation of the father to pay 80,000 dirhams of dowry.

The wife had filed a lawsuit with the Abu Dhabi Court of First Instance, requesting that her ex-husband be obligated to pay her dowry, and alimony for their daughter of 5000 dirhams per month, starting from a year prior to filing the lawsuit, and a custodian’s rent of 150,000 dirhams, starting from a year prior to the date of filing the lawsuit, and to pay She has an amount of 117,000 dirhams, the value of school expenses, after he refrained - despite his left - and the court of first instance ordered the defendant to pay the plaintiff her dowry, and to pay the plaintiff 3,000 dirhams per month as alimony for his daughter for food, drink and clothing, to be paid starting from the date of the judicial claim.

The court rejected the rest of the requests for lack of evidence to prove them, and decided to charge him the legal fees incurred by the plaintiff, and the amount of 1,000 dirhams as attorney’s fees. The value of the school expenses she paid for her daughter, and supporting the appealed judgment, except for that, which prompted the defendant to appeal the judgment before the Court of Cassation.

In the reasons for his appeal, he stated that the court based its ruling on the provision of an article in the Personal Status Law that obligates the appellant to pay the school fees of the child in custody, and on her right to recover what she spent, while another article states that the child’s alimony must be borne by his wealthy mother if the father loses, and he has no money or inability to spend, and she has recourse to the father if he is able, and the spending was with his permission, or the permission of the judge.

Since the plaintiff did not seek permission from the appellant or the judge, she is considered a donor of what she paid, and she has no right to recourse to the appellant for what she paid, and the Court of Cassation rejected this appeal, and said that Article 78/1 of the Personal Status Law stipulates that “the alimony of a young child who has no money He is entrusted with his father, until the girl marries, and the boy reaches the point where his peers earn, unless he is a student who continues his studies with usual success.” It is against her to return to the father for what she spent on the child in custody.” The court added that the claim that what the mother paid was a donation from her to her daughter, it remains a statement without evidence, which makes this reason for appeal rejected.

With regard to the second reason for the appeal, the father said that the ruling against him indicated his financial left, his ability to spend, and his obligation to pay school expenses in the value of the dowry mentioned in the marriage contract, and this inference is corrupt inference, and is not based on logic.

The court also rejected this obituary, and said that the subject court has the full authority in its estimation without supervision in that, as long as its judiciary is based on justifiable reasons sufficient to carry it. A comprehensive expense for food and clothing, suitable for the needs of the small, the condition of the appellant’s left, the conditions of the people of the country, and the economic situation in which the country is living in time and place. It is in accordance with the law.

Regarding what the appellant had raised that the judgment issued against him violated his right to defense, because the court had reserved the case for judgment without the appellant being able to present his defenses in the case after it had taken a decision to write off the case, and informed the appellant’s attorney of this decision, the court said that it is established from the original copy of the judgment, Among what was stated in the minutes of the court sessions, the papers were empty of evidence that a decision had been issued to dismiss the case, or to return it to the pleading in the absence of the appellant. The original copy of the judgment and the minutes of the sessions are official papers, and there is no way to challenge the validity of what was stated in them except by appealing for forgery, which the appellant did not do.

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