UAE Court rejects an ex-wife claim in nursery rent case

Omar Abbas - | Mix

The Khorfakkan Federal Court recently acquitted a man accused by his ex-wife of failing to pay the rent for the nursery housing over the past five years.

His ex-wife had demanded compensation amounting to 151,000 dirhams. The court not only acquitted the man but also canceled the fine previously imposed on him, ordering his ex-wife to cover the legal fees and expenses. This decision came after she declined to take an oath affirming her claim that the rent had not been paid during the specified period.

The Man's Legal Battle

The man initially filed a lawsuit in the Khor Fakkan Federal Court, seeking to halt all enforcement procedures against him that were in place due to an earlier ruling by the Kalba Sharia Court. He contested the nursery housing rent allowance, furnishing expenses, and any additional housing rents, asking for the enforcement file to be closed and for his acquittal to be declared. The plaintiff explained that he had been legally married to the defendant, with whom he had four children. Following their divorce, his ex-wife was granted custody of the children as per a family directive agreement. It was also agreed, in the presence of an execution judge, that he would transfer 5,000 dirhams monthly from his account to hers for maintenance.

Subsequently, the man's ex-wife filed another lawsuit in the Kalba Sharia Court, which resulted in an agreement to waive the nursery rent and furnishing expenses. He was also to provide housekeeping and make a fixed monthly bank transfer. The bank confirmed the transfer of 6,500 dirhams monthly from his account to hers, and this arrangement was documented in the Family Guidance Department of the Kalba Sharia Court. However, she later accused him of not paying the housing rent, furnishing expenses, and house help wages for about five years.

The man expressed his surprise when his ex-wife requested his arrest for non-payment of housing rent, electricity expenses, and house help wages, despite not having sought enforcement of the ruling until recently. The court of first instance rejected his claims, charged him with the lawsuit fees, expenses, and attorney fees, and imposed a fine of 3,000 dirhams under Article 136 of the Civil Procedure Code.

The Appeal Process

Dissatisfied with the ruling, the man filed an appeal, fulfilling all formal requirements. He sought acquittal from the 151,000 dirhams demand and the cancellation of the fine. His ex-wife's legal representative requested that she be given the decisive oath before the court made a decision. The court instructed the ex-wife to take the decisive oath, but she refused and instead asked to reserve the appeal ruling. Consequently, the court acquitted the man, annulled the fine, and ordered his ex-wife to bear the fees and expenses of the case. This ruling brought a favorable end to the man's prolonged legal struggle, emphasizing the court's decision in his favor due to the lack of an oath from the ex-wife.

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Omar Abbas
Omar Abbas
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