Electricity was cut off from their home

A woman accuses her ex-husband of failing to obtain identity papers for their child

The Court of First Instance ruled that it lacked jurisdiction and the “appeal” overturned the ruling.

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The Al Ain Court of Appeal overturned a ruling by the court of first instance, which ruled that it had no qualitative jurisdiction to hear a case filed by a woman against her ex-husband, who demanded that he compel him to compensate her with 55 thousand dirhams for his refusal to register their son and extract identification papers for him, and to disconnect the electric current from the house he rents for them, and the court ruled to cancel the appealed ruling and judge Once again, the jurisdiction of the civil circuit at the Court of First Instance is convened to hear the case, and it is referred to it for reconsideration in a different body.

In the details, a “resident” woman filed a lawsuit against her ex-husband, demanding that he pay her 55,000 dirhams in compensation for the material, moral and moral damage that befell her and her son, noting that she is the ex-wife of the defendant and he refused to register their child and extract his identification papers, including the identity card, as well. Depriving him of the guarantee card and therefore of medical care and receiving the necessary vaccinations and immunizations, and the two parties were convicted in the criminal case for not issuing the identification papers for the child, but the Court of Cassation acquitted her, in addition to that the defendant cut off the electricity supply to the house that he rents for her and her son, as he By obtaining a clearance from the electricity company and terminating the lease, forcing her to stay in a hotel with her and their son.

The Court of First Instance ruled that it did not have qualitative jurisdiction to hear the case and referred it, in its case, to the competent Personal Status Department for consideration before it, and considered pronouncing this ruling as a notification to the litigants.

This judgment was not accepted by the plaintiff, so she appealed it and blamed the appealed judgment for the error in applying the law and violating the established documents, because she based her case on the rules of civil liability, so that the appellant deliberately harmed her and her son materially and morally, and she is asking for compensation for her within the framework of the rules of civil liability and has nothing to do with it. The subject of a dispute in personal status, and sought the judgment to accept her appeal in form, and in the subject matter to cancel the appealed judgment and re-judgment of her requests, while the appellant submitted a reply memorandum stating that the appellant was the one who was procrastinating and did not provide him with the documents required to register the newborn, and sought the rejection of the appeal for lack of validity and proof.

The Al Ain Court of Appeal stated, in the merits of the ruling, that the appellant’s obituary was correct, noting that it was evident from the explicitness of the appellant’s requests before the Civil Court of First Instance that she based them on the general rules of civil liability, which require the availability of elements of error, damage, and causal relationship. She claimed that the appellant harmed her materially and morally. As a result of his refusal to register his son and obtain his identification papers in accordance with the law, as well as his having cut off the electricity supply to the house in which she lives, which are general allegations that have nothing to do with alimony disputes for the fostered son or the foster home and its specifications and wages or payment of water and electricity consumption bills until it is said that they are disputes of status Personal.

The court ruled to annul the appealed ruling and to re-convene the jurisdiction of the civil circuit with a court of first instance to hear the case, and to refer it to it for reconsideration in a different body.

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