She considered it incompetent for her

A Gulf woman asks for a divorce from her husband after his imprisonment

The husband was involved in a case and the charges were fixed against him and he was sentenced to prison after his conviction.

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A Gulf woman asked for a divorce from her husband, after he was convicted of a crime and imprisoned, as she considered that he had become socially incompetent for her, and destroyed her stable family life, with his irresponsible behavior, wondering if the law would be on her side if she filed for divorce due to incompetence.

This came as part of legal awareness sessions, presented by Legal Counsel, Dr. Youssef Al Sharif, through the pages of "Emirates Today", to shed light on the Personal Status Law and its new legal articles.

In detail, she asked, "She married a person of her nationality, whose family saw goodness and good morals in him, and they were traditionally linked through meeting their families, and she gave birth to a three-year-old son from him, and their lives were stable, until her husband was involved in a case, and the charges were fixed against him, He was sentenced to prison after his conviction.

She added, "Her family is pressuring her to ask for a divorce from him, as he is no longer sufficient for her, and she is still young, as she is 26 years old, and a better share may be written for her than this husband, who did not take into account the interests of his family and was sentenced to seven years in prison." Legal opinion in her case and whether she has the right to file for divorce due to incompetence.

For his part, the legal advisor, Dr. Youssef Al-Sharif, said that he did not know specifically whether the personal status law of the questioner’s country addressed the issue of competence or not, but he indicated that the UAE Personal Status Law was exposed to such cases, so it was stipulated in Article (21/1). Provided that: “In the necessity of marriage, it is stipulated that the man be competent to the woman at the time of the contract only, and both the woman and her guardian have the right to request annulment when the competency is lost, and the loss of competency does not affect the contract after it.”

Al-Sharif added that “it is decided that a man’s competence in relation to a woman is seen at the time of the contract, and what affects her demise after it, especially after consummation and childbirth, but if the questioner wants to separate from her husband and this is her right, she can do so based on his conviction, imprisonment, and be harmed in it. Accordingly, she is asking for a divorce for this reason.”

Dr. Youssef Sharif:

• “Separation from her husband is her right based on his conviction and imprisonment, and she will be harmed.”

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