I demanded that you be near them

A woman files for divorce because her husband wants to live away from her family

The wife does not want to destroy her married life and at the same time she cannot stay away from her family.

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A woman asked for a divorce from her husband because of a dispute between them over the place of marital residence. Before marriage, she stipulated that she live in an area next to her family to support and help them, while he insists that she move with him to another area to save expenses, as he works in an emirate far from her family’s place of residence. A distance of more than 200 kilometers per day between housing and work, wondering whether she has the right to legally oblige him to the agreed-upon condition.

This came within a legal awareness episode, presented by Legal Counsel, Dr. Youssef Al Sharif, through the pages of "Emirates Today", to shed light on the Personal Status Law and the new legal articles in it.

In detail, the questioner stated that she "lives in one of the emirates of the state, and married her cousin, who lives and works in another emirate, and she gave birth to two sons from him," noting that "she stipulated on her husband, before the marriage contract, that she live in the same emirate, next to her family. He agreed to this condition in front of his family and her family, and in fact took the marital apartment for her in an area close to her family’s house, while daily traveling a distance of more than 200 kilometers back and forth from housing to work.”

And she continued, "During the first five years, her husband did not complain about the long distance that he travels daily to work, but he finally began to complain about this matter, and he asked her to move with him to live in an area next to his family, in order to save expenses, and the fees for children's schools there are less, provided that he stays overnight. In a shared housing with his colleagues next to work.”

She pointed out that "she does not want to destroy her married life, and at the same time, she cannot stay away from her family, and her condition with him was clear from the beginning in this matter, especially since her parents need her more than before, because of their old age to help and serve them."

She asks: "Is there a legal procedure that binds her husband to the condition agreed upon before marriage, which is an unwritten condition, but with the presence of parents only, and at the same time she does not want things to reach divorce, and destroy her married life."

For his part, the legal advisor, Dr. Youssef Al-Sharif, said that husbands are bound by their conditions, except for a condition that permits what is prohibited or forbids what is permitted, and is supported by an article in the Personal Status Law which states: “Husbands adhere to their conditions except for a condition that permits what is prohibited or forbids what is permitted.”

Paragraph (4) of Article states: “If a condition is stipulated in it that does not contradict its origin, nor its requirement, and it is not prohibited by Sharia, the condition is valid, and it must be fulfilled, and if one of the conditions is breached by him, the person who was stipulated may request the annulment of the marriage, whether it is from On the part of the wife, or on the part of the husband, and the husband is exempted from the maintenance of the waiting period, if the breach was on the part of the wife.

Al-Sharif indicated that “in the event that the breach was on the part of the husband, and a divorce occurred, the husband is obligated to maintain the waiting period and all the rights of the wife,” pointing out that the explanatory memorandum clarified the issue of housing, and stipulated it in its examples, and stated: “This is like the husband stipulating the wife That she travel with him to his country, or the wife stipulates that the husband not take her out of her home, or her country, or not reside her in a specific locality, and other conditions that have an intended benefit for one of them, and do not contradict the purpose and purposes of marriage.

Al-Sharif stated that “in the case of the questioner who stipulated that her husband should not separate her from her family, she can adhere to her condition, but she does not want a divorce, but if we assume that the husband denied this condition, how should the questioner act?

Pointing out that Paragraph (6) of Article (20) of the Personal Status Law states: (In case of denial, any condition shall not be considered unless it is stipulated in writing in the marriage contract).

Al-Sharif indicated that “if the questioner adheres to the condition in exchange for the annulment of her marriage contract, the court will not respond to the request for annulment, because the condition is not written, but she can prove this condition by all means of proof, including the testimony of witnesses, and her time depends on the conviction of the court, and it can order her to divorce. damages based on the failure to fulfill this condition.

He advised the questioner to understand that marital life is based on understanding and disregarding the textual literalness of the relationship, and if she believes that she can move with her husband to wherever he wants, do not hesitate to do so, and mediate with the people of the contract and resolve from her family to resolve this matter for her interest and the interests of the children .

Her husband travels more than 200 kilometers a day between home and work.

Dr. Youssef Sharif:

“Married life is based on understanding, and if she can move with her husband to wherever he wants, then she should not hesitate.”

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