Withdrawal of 200 thousand dirhams after their divorce .. A Gulf woman signs a blank check to prove her confidence in her husband

The Abu Dhabi Family Court and Civil and Administrative Claims rejected a lawsuit obligating a man to return 200,000 dirhams to his ex-wife, the value of a check withdrawn from his bank balance, noting that the original in the check is a fulfillment tool that in itself contains its cause.

In the details, a Gulf woman filed a lawsuit against her ex-husband, requesting to oblige the defendant to return to her an amount of 200,000 dirhams, the value of the check withdrawn from her bank balance, and obligating him to pay fees and expenses and in return for attorney’s fees, noting that she was the defendant’s wife and during the marital relationship he asked her She wrote a blank check, and she answered his request to prove the extent of her confidence in it. After a dispute arose between them, the defendant placed the claim amount in the check and then cashed it from her account. She attached a document to her claim with a copy of a check and an account statement.

For its part, the court clarified in the merits of its ruling that it is established according to the Law of Evidence in Civil and Commercial Transactions that the plaintiff must prove his right and the defendant has to deny it, and it is also decided to judge that the original in the check is a fulfillment instrument that in itself contains its cause, so a presumption is based on the indebtedness of the drawer to the beneficiary By its value and that by the latter obtaining the value of the check, he would have fulfilled his right before the drawer, noting that the plaintiff had based her claim on the fact that she had handed the defendant a blank check without reason and that he had placed an amount of 200 thousand dirhams and then withdrew it and the papers were devoid of any evidence of validity What the plaintiff claims and did not request an investigation to prove this, and the court ruled to reject the case and obligated the plaintiff to pay fees and expenses.

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