On the basis that he is their guardian

Legal: Uncle is obligated to support the children of his deceased brother

• Youssef Al-Sharif: "A widow has the right to file a case against her children's uncles, asking them to spend on her daughters."

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The legal advisor, Dr. Youssef Al-Sharif, confirmed that the uncle is obliged to spend on the children of his deceased brother, as the guardian, especially when the first is capable, and his brother is poor, and his children cannot provide for their living expenses after the death of their family, and the mother can file a case against the uncle to oblige him to alimony.

This came within the episodes broadcast by "Emirates Today", through its platforms on social networking sites, to shed light on the new articles in the recently issued Personal Status Law.

A questioner said that she is a 45-year-old Syrian widow who is not residing in the country, and she has three daughters, ages 15, 13 and 11, noting that “her husband was poor and worked daily, and she was trying to help him, by working in the field of tailoring clothes for some neighbors.” ».

She added, "Her husband suffered a heart attack, and he died three years ago, and she does not have a pension, and she struggled after him to raise her daughters and educate them, relying on meeting the living requirements on simple income from her work in the field of detail, in addition to the help she receives from some good people, but She accumulated debts, and her condition became very difficult.”

She stated that "her husband's brothers are well off, residing in Turkey, America and the UAE, but there was no communication between her husband and his brothers," noting that "good people advised her to communicate with them, because she has the right to bear the expenses of their nieces legally, and indeed she communicated with the uncle of her daughters, The resident of the state, but he refused to help her, and asked her to take the girls out of schools and employ them, to provide for their expenses or to marry them off.”

She asks: Are the uncles of her daughters obligated to support them?

Is it possible for her to file a case against the uncle of her children who is in the Emirates, when she does not reside there?

Noting that it was a visit, after she had managed with difficulty the value of the visa and the travel ticket.

For his part, Dr. Youssef Al-Sharif confirmed that the questioner has the right to file a case against her children’s uncles, asking them to spend on her daughters, on the basis that the uncles are their legal guardians after the father’s death, especially since these uncles are able, according to the questioner.

He pointed out that Sharia and the law are with the questioner, and she can file a lawsuit in the Emirates against all uncles, even those residing abroad, as long as one of them resides in the country, and in accordance with Clause No. (6) of Article (6) of the UAE Personal Status Law, which states that “State courts are competent to hear cases related to personal status that are filed against a foreigner who does not have a domicile, residence, or place of work in the country, if there are multiple defendants, and one of them has a domicile, residence, or workplace in the country.”

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