Legal researcher: The presence of judges who decide cases without verifying medical reports facilitates their tasks

Wives claiming to have been beaten to get a divorce

Article (53) of the Penal Code stipulates that there is no crime if the act is committed with good intent.

Photography: Eric Arazas

The legal advisor, lawyer Abdullah Al-Hamdani, said, in a research he prepared on the phenomenon of wife-beating, that many wives resort before filing a divorce lawsuit to prepare for the case by filing a criminal case against the husband for beating, stressing that it was noted that the medical reports attached to the papers of many cases bear Exaggeration and unrealistic exaggeration, even a government hospital issued a medical report from the orthopedic department stating the deterioration of the patient’s psychological condition, which confirms that wives resort to issuing a medical report to obtain a divorce for harm, and to preserve the rights resulting from this divorce, such as the right to custody and the expenses that follow from one to the other. these rights.

Al-Hamdani pointed out that the presence of judges who adjudicate the beating case without verifying the validity of the medical reports makes it easier for them to obtain what they seek.

He stressed that the circumstances of several cases, considered by the competent courts within the country, revealed that women resorted to claiming that they had been beaten by their husbands to obtain a divorce from them, after disputes occurred between them and them, and the insistence of each of the parties on his position, and judicial rulings refused to consider the medical reports attached to the case papers. Evidence that the husband committed the act of severe beating, pointing out that the corridors of the courts are crowded with this type of lawsuit, and at the same time the wife proceeds with another lawsuit to obtain a divorce for damage, using the first lawsuit to support the second lawsuit, as the two lawsuits are considered in parallel, which requires a correction Balance of justice between husband and wife.

Al-Hamdani indicated that he noticed from the reality of some cases that there are judges who decide on the beating case without verifying the validity of the medical report, or discussing the plaintiff (the complaining wife). Considering the attempt to reconcile the spouses, which may lead to the husband being sentenced to imprisonment or a fine.

Thus, he becomes convicted, and the wife becomes entitled to file a civil lawsuit to claim financial compensation, and this ruling helps her to obtain a divorce for harm, and to preserve the rights affiliated with it.

The Federal Supreme Court overturned a ruling issued by the Court of First Instance in Sharjah fining a husband an amount of money for beating his wife, and considered that the beating he used was not for the purpose of physical abuse or humiliation, but rather for the purpose of acceptable discipline by means permitted by Sharia.

She said that Article 53/1 of the Code of Criminal Procedures stipulates that there is no crime if the beating occurs with good intent, using a right established by law.

Within the scope of this right, the husband’s discipline of his wife, children, and those in their status is a matter of using the right conferred on him by law and law, and since the facts of the case indicate that the husband’s beating of his wife came after insults and insults were inflicted on him, then his non-harmful beating of her is considered a discipline, and consequently, he is not punished it legally.

Al-Hamdani added that the Federal Supreme Court issued a ruling a while ago to punish a husband who beat his wife with the headband, and rejected the defense of the husband, who said that he pushed his wife only while she was the one who injured herself with a plot to obtain a divorce.

The Public Prosecution had charged the husband with assaulting the safety of his wife, and causing several injuries to her, which are bruises on the legs and left thigh that may be the result of beating with the headband, which prevented her from carrying out her personal work for a period not exceeding 20 days, and the prosecution demanded that the husband be punished in accordance with the provisions of Sharia. Islamic glue, and according to the provisions of Article 339/2 of the Federal Penal Code, where the Abu Dhabi Sharia Court of First Instance fined the accused 100 dirhams, so the husband appealed the ruling before the Sharia Court of Appeal, which in turn ruled to support the ruling issued, and in his appeal before the Federal Supreme Court, the court upheld the previous ruling, considering It is based on solid evidence.

In another case, a wife resorted to a hospital to obtain a medical report of an assault on her without accusing anyone, and after seven months a dispute arose between her and her husband because of the husband’s desire to marry another woman, so she used the medical report, accusing the husband of assaulting her with beating, despite the laxity in her Reporting for nearly half a year and the medical report and verbal evidence not matching, but the court issued a sentence of imprisonment and a fine against the husband, and suspended the prison sentence.

The Court of Appeal also acquitted a husband after issuing a preliminary ruling against him of imprisonment and a fine on charges of assaulting his wife. With her husband, the husband removed his daughter by grabbing her by the hand and taking her out of the room, so his wife assaulted him, and she admitted that in the case papers, except that the medical report that I attached to the case stated that she was beaten, which prompted the court to issue its ruling, which the Court of Appeal overturned against him.

The Personal Status Court in the Ras Al Khaimah Courts Department also issued a ruling divorcing a female citizen from her husband, after she submitted a medical report from the hospital stating that she had been beaten leading to damage, after the judge failed to reconcile the spouses by referring the case file to the Guidance and Family Reform Department, as the wife insisted on obtaining On divorce, confirming that she is subjected to continuous beatings and insults without reasons, and the court rejected the request for marital obedience that the husband made against his wife.

Al-Hamdani said that there are many forms of malicious allegations that were discovered during the hearing of the cases, including the wife deliberately receiving a beating from one of her friends, or from someone from her family, and then going to the police station to open a criminal complaint against the husband.

Despite the oaths that the husband may take not to beat his wife, his words are not taken into account, and he is judged as having assaulted the wife.

Al-Hamdani stated that Article (53) of the Penal Code stipulated that there is no crime if the act occurred with good intention, using a right established by the law within the scope of this right, and the use of the right is considered the husband’s discipline of his wife, and the discipline of children within the limits of what is established by law or law.

Al-Hamdani stressed the importance of establishing rules that determine how to verify the beating incident, how it occurred, and the reasons that led to that, so that the beating lawsuit would not be a sword over the necks of husbands.

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