Legal confirms her right to file a lawsuit

A woman who is given a choice by her non-resident divorcee between custody and her legal rights

• Yousef al-Sharif.

  From the source

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An Arab woman said that her divorcee, who resides outside the country, threatens her to forfeit the custody of her daughter, if she demands her legitimate rights, noting that she stood with him and supported him when he was in difficulty, but he denied her favor, when his financial affairs improved, wondering whether she should file a lawsuit obligating him to alimony from Without dropping custody of her 14-year-old daughter.

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 Personal Status Law, and the new legal articles in it.

The questioner said that she “married 17 years ago, to a person of her nationality, and God blessed them with a single daughter, who is now 14 years old,” noting that “she came with her husband to work and live in the country, in 2011, and they got two job opportunities, until a pandemic appeared. (Corona), so her husband’s services were dispensed with, and he was unable to find another job opportunity.”

She added, "He finally decided to return to their country, to look for a job opportunity there, and to arrange living matters, while she remained and she was her daughter, until things improved and she returned to her husband, especially since she is still working and her daughter is in school, and she needs expenses."

She indicated that her husband was unable to find a job, so he traveled to France, with the help of some acquaintances, who helped him to get a job, and his things improved greatly, but he changed from her side, and she does not know the reasons for this.

She added that she was "finally surprised by a call from her husband, telling her that he divorced her and will leave her custody of the girl, in exchange for not asking him for her legitimate rights or any rights of the girl," noting that despite the support and support she provided to her husband, during their married life, he was ungrateful. is known.

She stated that she decided to return to her country, due to her inability to continue living on her own and raise her daughter, but she asks: “How can she file a lawsuit against her husband, obligating him to pay the legal expenses, and at the same time he threatens her to drop the custody if she demands her rights, knowing that her husband no longer resides Also in the Emirates.

For his part, Legal Adviser Dr. Youssef Al-Sharif confirmed that although the questioner no longer has residency in the country, she can file a case in the state, before the Abu Dhabi courts, which are the courts of the capital, as the law stipulates in Article (7) of the UAE Personal Status Law that: “In the cases in which the jurisdiction of the state courts falls in accordance with the provisions of Article (6) of this law, the jurisdiction shall be for the court in whose jurisdiction the plaintiff’s domicile, place of residence or place of work falls, otherwise the jurisdiction shall be with the capital court.”

He referred to Article (6/2) which decided the jurisdiction of the state courts in cases brought by a wife who has residence in the state (and this is the case of the questioner) against her husband who had a domicile, place of residence or workplace in the state (and this is the case of the questioner’s husband), and because her residence is still It is valid without a real domicile, residence or work in the country, so the capital court has jurisdiction based on Article (7).

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