“Personal Status” determines the place of jurisdiction in the event of multiple defendants

A husband pays the dowry twice.. and sue his divorcee, her brother and his mother-in-law

• Youssef Al-Sharif: “The husband has the right to file a lawsuit to demand the return of the dowry he had previously paid.”

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A husband said that he had to pay his bride’s dowry twice, the first upon marriage, and the second upon divorce, after the wife denied receiving the dowry upon marriage, stressing that he gave the dowry to the wife’s brother during the marriage contract, by virtue of his being her guardian, in light of her father’s death, so he will file a case , inquiring about the competent court to consider it, especially since each of the defendants resides in different places.

This came within episodes 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 its new legal articles.

The questioner said that “he is 47 years old, and he married a woman of his nationality, 21 years ago, and had four children from her,” noting that “when he was associated with his wife, her father was deceased, and he agreed with her brother and mother, as they took the dowry from him in the marriage council. ».

He added, "Finally, there were disagreements with his wife, and he tried hard to resolve them in order to stabilize the family and preserve the children, but she always involved her mother in all their problems, which made it impossible for the ten to continue between them, and she asked for a divorce and her dowry written in the marriage document."

He stated that "despite the fact that he gave her brother the dowry before the beginning of the marriage, as he is her guardian, she denied it, and claimed that she did not receive it, as well as her brother and her mother, who refused to acknowledge this," noting that "he had to pay her dowry again, in order to end the problems and divorce her kindly." ».

The reader asks how he can file a lawsuit regarding the dowry?

Especially since he resides in Ajman, and his divorcee resides in the house he left for her in the same emirate, while her mother lives in Sharjah, and her brother works in Abu Dhabi.

For his part, Dr. Youssef Al-Sharif confirmed that the questioner has the right to file a lawsuit to demand the recovery of the dowry, and the defendant is his divorcee, her brother and her mother, on the basis that the brother took the dowry from him and gave it to the mother, who in turn gave it to his ex-wife.

He added that since the plaintiff wishes to file one case against more than one person, each of them in a different emirate, the law allows him to file the case before the Ajman, Sharjah or Abu Dhabi Court, and he has the right to choose any of these courts, and a case is filed in it pony

He pointed out that if the plaintiff had evidence of payment of the dowry to his ex-wife, she would not need to sue her, and therefore he would file the case against her brother and mother, either in Sharjah or Abu Dhabi, and before any of these courts, before which the case is filed, which is competent, and does not rule as lacking jurisdiction.

He pointed out that the law stipulates that when there are multiple defendants, the jurisdiction is for the court in whose circuit the place of residence of any of them, and this is what was stipulated in Clause (1) of Article (9) of the UAE Personal Status Law: In its circuit the defendant’s residence, place of residence, or place of work, and if there are multiple defendants, the jurisdiction shall be for the court in whose circuit the residence, place of residence, or work place of one of them is located.”

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