“Dubai Appeal” upheld the rejection of the case
A woman asks her ex-husband to pay 250 thousand dirhams in compensation for “dragging her to the courts.”
The Dubai Civil Court of Appeal upheld a ruling by the Court of First Instance to reject a lawsuit filed by an (Arab) woman demanding 250,000 dirhams in compensation from her ex-husband on a document that he abused the right to sue and dragged her to the court to bargain with her to waive rights based on an agreement between them and did not abide by them, and forcing her to sign a new agreement.
The plaintiff based her claim on the fact that she was divorced for the harm of the defendant, and she was sentenced to custody and full expenses, which he did not abide by, so the amounts owed accumulated on him until they exceeded 317,000 dirhams.
Meanwhile, the plaintiff married another person, and her ex-husband took advantage of the matter and submitted a request to drop their custody of her child, based on the rule that custody falls from the custodian if he marries a foreigner, then he bargained with her to waive the accumulated sums of money on him and reduce expenses in return for his waiver of the claim of custody, realizing that she would not overdo The child at any cost, and she agreed, and a settlement was made between them on this basis, and he sent her a message via “WhatsApp” wishing her success in her new married life.
He committed for a period of the amounts due from him according to the agreement and then stopped paying until the expenses accumulated on him again, despite the amounts being reduced to a large extent.
More than a year later, she was surprised to find him suing her again and demanding that custody be abolished on a document that he did not know about her marriage and learned by chance through social networking sites.
The plaintiff responded to his lawsuit with a memorandum containing the letter congratulating her on the marriage, which cut off his knowledge of this, and his request was rejected based on the signing of an agreement between them and not in view of the issue of his knowledge of her marriage or not, and the forfeiture of his right to claim custody after six months of marriage.
The defendant appealed against the refusal of the request on the grounds that he was unaware of her marriage when he gave up custody, and after learning of this, he realized that she was not worthy of custody and that what had occurred from her was fraud. By dropping her custody.
She initiated a civil lawsuit demanding compensation of 250 thousand dirhams for the material and moral damages he sustained as a result of his suing her without legal basis, and portraying her as a woman who deceives and cheats, which affects the essence of her reputation.
After examining the case by the Court of First Instance, which ended in rejecting her case, and obliging her to pay the expenses, she appealed the ruling before the Court of Appeal, which upheld the rejection of the case, stressing that the right to litigation is guaranteed to all.
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