Legal: The problem in implementing the provisions of alimony and custody does not stop the implementation except by a decision of the judge

A man abandons his wife after she suffers from cancer and marries another woman

• Yousef al-Sharif.

  From the source

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 The legal advisor, Dr. Youssef Al-Sharif, confirmed that the problem with the implementation of judgments, urgent and temporary decisions, written or documented minutes, or approved reconciliation minutes related to alimony or custody, or their appeal, does not result in stopping the execution procedures, unless the court decides otherwise. .

In the episodes he presents on the pages of "Emirates Today", to shed light on the recently issued Personal Status Law, Al-Sharif presented the story of a woman's dispute with her ex-husband over her legal rights, after he abandoned her after she fell ill with cancer, and married another.

The questioner said that she got married at a young age, to a person of the same nationality, and the beginning of their lives was stable and happy, and she had two children from him (10 and 8 years old), and two years ago she felt very tired, and when she examined the doctors, it was found that she had cancer and needed a long treatment.

She added that her husband, after discovering the disease, turned 180 degrees in his behavior and treatment of her, as he always made her feel inferior, and blamed her as if she had made herself sick, or that she was exaggerating in visiting doctors, clinics, hospitals, centers, conducting examinations and others, which made her condition worse, and caused her a great shock. And the opposite of what I expected from him was that she would have support and assistance in such circumstances.

She confirmed that in light of what she saw from her husband's actions, she asked him to marry another woman if that would make him happy, leave her alone with her children, and not hurt her with his words, but his response was a surprise, as he said to her, "I am waiting for your permission, I actually married a girl." Beautiful and healthy.”

She added that she was finally able to obtain a divorce through a case, according to which she obtained custody of her children, but he continued his threats to her that he would appeal the ruling once or twice, and if he lost, the execution would be halted through a problem in the ruling, wondering whether this problem stops the ruling on divorce and custody?

For his part, Dr. Youssef Al-Sharif said that part of the questioner’s statement is true, and the other is not, so he can actually, after the initial judgment, appeal against him, and if he loses, he appeals, and this is the last stage, after which the judgment is executed.

He explained that «there is a procedure in the law, which we call a problem in the implementation, and after winning the case, the enforcer against him can present a problem in the implementation of the judgment for any reason, such as an attempt to delay and obstruct the implementation of the judgment».

He pointed out that the divorced woman has a wrong understanding in this regard, as the problem with the implementation of Sharia rulings does not stop unless the judge issues a decision to stop, and in the case of the questioner, the judge often does not stop the implementation, so her divorced did not understand the text of Article (11) of the law The Emirati personal status correctly, which says: “A problem in the implementation of judgments, urgent and temporary decisions, written or documented minutes, or approved reconciliation minutes related to alimony or custody, or their appeal does not result in stopping the execution procedures, unless the court decides otherwise. that".

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