The Appeal Court fined her 10 thousand dirhams

“WhatsApp” messages reveal a woman’s relationships with “others”

«Fujairah Appeal» condemned the wife and annulled the verdict of acquittal.

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The Fujairah Court of Appeals overturned the acquittal of a wife whose husband accused her of treason through social media, after she communicated with people with whom she had no legal relationship, and fined her 10 thousand dirhams, confiscated the seized phone and erased the data on the subject of the case.

The facts of the case are due to the husband submitting an electronic communication via the smart application, accusing his wife of marital infidelity through electronic conversations with people who do not have a legitimate relationship with her, and by asking the complainant’s agent in the inference record, he stated that his client found conversations through social media between his wife and people who are not related to her. A legitimate relationship, explaining that his client knew this through her phone left at home, after she ran away and asked for a divorce from him.

In the prosecution’s investigations, the husband admitted that his wife communicated messages of immorality and immorality with people who had no legal relationship with her, and that he discovered this through her personal phone, after she forgot it at home, and attached pictures of conversations from the “WhatsApp” program, in which he claims that his wife Communicate with others.

The Public Prosecution referred the case to the court, and the Fujairah Misdemeanors Court ruled the acquittal of the accused and stated that the accusation attributed to the wife was not established against her, because the papers were devoid of certain evidence that would convince the court, and it is considered an argument for the accusation, as the wife denied the accusation against her, and there is no evidence of her carrying out the accusation against her. And that the accusation is just a conclusion and is not clear, and nothing is proven against the accused, which calls into question the validity of the accusation, which leads to the innocence of the wife of what was attributed to her.

The Public Prosecution and the victim were not satisfied with this ruling, so we appealed against him, and the case was discussed in sessions, and the accused attended with her attorney, and by questioning her she denied, and said that “the marital relationship continues with her husband and there is a personal status issue in the court between them,” stressing that the husband’s statements are incorrect and by confronting her with the seized phone, She stated that he did not return to her and she did not know anything about him.

The wife’s agent submitted a memorandum asking for innocence because there is no certain evidence of the accusation, and there is no evidence that the phone that the complainant presented to the prosecution and was examined by the laboratory is owned by the accused, noting that his client denies using this phone and the laboratory report did not confirm anything against her, considering that the accusation is malicious. Because there are differences between the spouses, the complainant's statements cannot be considered evidence because his aim is to distort the image of the accused in front of her children and deprive her of them.

The wife's attorney added that the testimony of one of the accused's sons that the phone submitted to the court belongs to her is not evidence and that he may have submitted the testimony under the influence and pressure of the father, calling for the appeal to be rejected and the appealed judgment upheld.

The Fujairah Court of Appeal issued a ruling rescinding the acquittal and a fine of 10,000 dirhams for the wife for several reasons, including in response to the accused’s attorney’s denial that the seized phone under examination belongs to her, and the complainant is aware of the phone used by his wife and it is unreasonable to slander his wife with this accusation and fabricate all These pictures and conversations and accusing her of representing his honor and the mother of his children, then one of her sons confirmed that the phone belonged to his mother, which is considered a presumption in support of the complainant's statements.

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