With legal rights

A woman asks for a divorce from her husband after he leaves the country

• Dr. Youssef Al-Sharif: “The questioner has the right to file a lawsuit against her husband in the court in her jurisdiction, her place of residence or her work.”

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An Arab woman complained that her husband had betrayed her with another, and when she confronted him with the matter, he decided to desert her and leave the country with his girlfriend, and he no longer supports her or his two daughters, wondering if she can file a divorce lawsuit from him in the state courts, and he is required to have legal rights, knowing that she does not know Does he have a place of residence in the country he traveled to?

This came in a new episode presented by Legal Counsel, Dr. Youssef Al Sharif, through the "Emirates Today" platforms on social media, to shed light on the new articles in the recently issued Personal Status Law.

The questioner said that she had been married 15 years ago to a person of her nationality, and had two daughters with him, 12 and 9 years old, noting that her husband came to the UAE eight years ago to work as a sales representative, and she and her two daughters came to live with him five years ago.

She added that she had recently discovered that her husband was in a relationship with a woman of Asian nationalities, and she initially believed that he was married to her, and she could not confront him, in order to preserve her family and the continuation of her life.

She told herself that it is his legal right, and she is far from her family, and she does not know anyone in the Emirates.

And she added that her husband used to stay up outside the house, and sleep outside it on some days, and he was always invoking work, but the matter did not stop there, as he began to fall short in providing the needs of the house, and when she asked him for any money to manage the expenses of the house or the expenses of the two girls, he erupts and gets angry He claimed that he had no money, and that the working conditions were not good.

She added that she had recently discovered that his relationship with the Asian woman was illegal, and he was not married to her, noting that this matter was a great shock to her.

She stated that she could no longer bear the continuity of her life with him in this way, while her husband spent his money on another woman in a forbidden relationship. On his two daughters, and she did not know a place for him, except that his co-workers told her that he had requested to transfer him to the company’s branch in another Gulf country, which forced her to search for a job that would help her in her life and generate income to support her daughters. Indeed, she got a job as a secretary in an engineering consultancy office.

She asks: Is it possible for her to file a divorce case and obtain legal dues, maintenance and custody of the two daughters?

Note that she does not know his address in the Gulf state in which he resides.

For his part, the legal advisor, Dr. Youssef Al-Sharif, affirmed that the questioner has the right to file a case against her husband in the state courts, specifically in the court in whose jurisdiction her place of residence or work is located, and she does not need to search for the defendant’s location.

He pointed out that the text of Article (7) of the UAE Personal Status Law gave her this option, because it stipulates that in cases where the jurisdiction of the state courts falls in accordance with the provisions of Article (6) of this law, the jurisdiction is for the court in whose circuit the plaintiff’s domicile or residence is located. His residence or place of work, and because the questioner resides in the state, the state courts are competent in accordance with Article (6/5) which stipulates the jurisdiction of state courts if the case is related to a personal status issue, and the plaintiff is a citizen, or a foreigner with a domicile or place of residence , or a workplace in the state, if the defendant does not have a known domicile or place of residence abroad, or the national law is applicable in the state. or its place.

• The husband used to stay up late and sleep outside the house, and he used the work conditions as a pretext.

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