Legal: The opposition courts consider marriage contracts within the state
A woman complains to her husband about his multiple marriages and evading him from paying the dues
Youssef Al Sharif: “UAE law allows the wife to file a lawsuit even though her husband does not have a domicile in the country.”
Legal Adviser Dr. Youssef Al-Sharif confirmed that the state’s courts are competent to consider personal status cases that are filed against a foreigner who does not have a home, place of residence, or workplace in the state, including if the lawsuit is opposed to a marriage contract intended to be concluded in the state.
Al-Sharif presented, in video episodes broadcast by "Emirates Today", through its social media platforms, to shed light on the Personal Status Law, the story of an (Arab) reader, who wants to file an opposition lawsuit against her husband, who wants to marry another, despite the presence of four wives. Others are accountable.
The reader said, "She is married to a financially affluent person - of the same nationality - 22 years older than her, and he works in the spare parts trade between the Emirates and Iraq," adding that "the problem of her husband is that he is married a lot, and he always has three wives, and she discovered after her marriage that he always divorced." The fourth wife after a period of one or two years, and he marries another, and he is keen not to have children with her.”
And she added, "Her father was aware of her husband's matter, so he stipulated a deferred dowry upon divorce, worth five kilograms of 24 karat gold or its value, and he is now planning to marry a fifth woman residing by contract outside Iraq, and does not want to divorce her for not paying the dowry."
For his part, the legal advisor, Dr. Youssef Al-Sharif, warned this husband and his ilk from those who run after their desires and evade the provisions of the debt by means of formal tricks in order to evade the payment of the arrears and the prescribed dues.
Al-Sharif advised the reader to prevent this marriage, as long as she knew that it would be in violation of Sharia and law, stressing that the UAE law allows the reader to file a lawsuit before him, even though her husband is the defendant who does not have a home in the country, a place of residence or a place of work, as she said.
Al Sharif referred to Clause (1) of Article (6) of the UAE Personal Status Law, which states that “the state’s courts have jurisdiction to hear cases related to personal status that are filed against a foreigner who has no domicile, place of residence, or place of work in the state, in The following cases: (If the case is in opposition to a marriage contract intended to be concluded in the state)”, and this text fully applies to the reader’s claim on a document that it is in opposition to a marriage contract intended to be concluded in the state in violation of the provisions of Sharia and law, but most importantly, it can provide the court What proves that when he concludes the marriage contract that his four wives are still on his responsibility.
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