Her ex-husband denied being late for paying her on time

A “WhatsApp” message reveals a woman’s trick to obtain 519 thousand dirhams for 11-year-old maintenance

The Fujairah Federal Court acquitted a Gulf man of executing a ruling obliging him to pay 519,000 dirhams to his divorcee, after accusing him of stopping paying alimony to four of his children 11 years ago. bank card.

In detail, a woman said that she had given birth to four children from her husband, before they separated in 2008, and that the court ordered him to pay her an amount of 4,000 thousand dirhams per month, alimony for the children, but he stopped paying 11 years ago.

While the divorced person denied the delay in paying the alimony on time, and asked for the assignment of an accountant expert, indicating that he was surprised by his divorcee’s decision to repeat the procedures for proceeding in the execution file in which the court decided to alimony for his children at a value of 4000 dirhams, and to ask him to pay 519 thousand dirhams on the claim that he had not paid the value of the alimony. During the past years, although it received it in full, and in excess of what was scheduled.

He explained that he handed his divorcee a bank card, through which he used to send alimony to his children monthly, and that his debt was not occupied, and that he had deposited 641 thousand dirhams during the period in which the defendant demanded payment of the alimony, considering that his divorcee was trying to get rich, without a legal reason.

The expert's report stated that the divorced man presented evidence that supports his position and supports his payment, and that his debt is not occupied because the full amount has been paid, in addition to that it is not logical for a divorced woman to wait 11 years without obtaining the alimony of her children.

He continued, "This is also supported by the fact that the woman filed a lawsuit in 2019 demanding an increase in alimony, which contradicts her claim that she did not obtain alimony during the previous years."

Al-Mutlaq asked to cancel the procedures issued in the execution ruling until the case is decided, and to prove his innocence of the amount, while the court ruled that it had no qualitative jurisdiction to hear the case, and decided to refer it to the competent execution judge in the court.

The execution judge at the Fujairah Sharia Court decided to enable the contestant to register a substantive problem in the implementation according to the rules so that the court can follow up the dispute electronically, which gives him the right to register the substantive dispute in the implementation by requesting a stay of execution and canceling the procedures until the dispute is decided, and the dispute was deliberated before the Execution Department in sessions. As established in its records, the disputed party was attended by an attorney, and the disputed party was attended by an agent, and each of them submitted a memorandum.

The first party did not accept the judiciary, and appealed against it, so the court decided to accept the appeal in form, and in the matter to reject the appeal and uphold the appealed ruling.

The court confirmed that the case papers and the expert's report prove that the disputed party extracted a "saving" card, and that he transferred the value of children's alimony to it at a value of 4,000 dirhams per month.

She said that this is what she relied on because it is in line with the facts of the case, the date on which alimony is due and the method of payment, noting that there is no justification for laxity in claiming the alleged right for a period of more than 11 years.

The court stated that it had been proven that there were messages via the “WhatsApp” program between the first party and one of his children, from which it was understood that he was about alimony successively.

She stated that she relied on the documents because they are consistent with the materialities of the dispute, and they tell a reality and a method previously agreed upon between the two parties to the dispute regarding the method of payment, and she acquitted him of the amount.

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