Obliging a wife to return 453 thousand dirhams to her husband

The Abu Dhabi Court for Family and Civil and Administrative Cases ruled that a woman must return to her husband the amount of 453 thousand dirhams that she had transferred from his account to her account in installments and refused to return it on the pretext that it was marital alimony.

In the details, a man filed a lawsuit against his wife, in which he demanded that the defendant be obliged to pay the amount and legal interest at the rate of 12% from the date of filing the lawsuit until the payment was completed, indicating that he lent her the amount of the claim and transferred it from his account to her account, and she pledged to return it within three months and did not With that, and due to the existence of a moral impediment, the fact that the defendant, his wife, did not take a declaration from her, and attached a document to his claim with copies of account statements, while the defendant submitted a response memorandum requesting the dismissal of the lawsuit.

For its part, the court clarified in the reasons for its ruling that, according to the decision of the Civil Transactions Law, the creditor must prove his right and the debtor may deny it, noting that it is proven from the statements attached in the case papers that the plaintiff transferred the amount of the claim from his account to the defendant’s account in five installments, Which was not denied by the latter.

The court indicated that what the defendant insisted on is that the plaintiff is her husband, and that these amounts are for the husband’s spending on his wife that exceeds reasonable rights, pointing out that these amounts, given the time during which they were transferred, which is a week, exceed the reasonable limits for the husband’s spending on his wife, who With him, the court proves the validity of what the plaintiff claims of lending the defendant the claimed amount and not returning it to him, and it ruled to oblige the defendant to return to the plaintiff an amount of 453 thousand dirhams, and obligated the defendant to pay the fees and expenses of the case and in return for attorney’s fees.

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