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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I want to file a case against my husband as he...

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I want to file a case against my husband as he cheated me after marriage n he mentality n physically tortured me n further in detail I want some one to help me regarding my matter please

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الرد من العميل

Currently em living in Ajman nuaimiyah 2 I want to file a legal case regarding my husband behaviour towards me

الرد من العميل

There is more in detail to tell but I need someone to help me in this matter soon because I came back from Pakistan yesterday on 1 month visit visa to file case I will let you know in detail but right now I need some one help please

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In the event that you are an expatriate in the UAE and wish to submit a request for divorce procedures from the husband, yes it is possible, as it is possible for non-Muslims and expatriates to file for divorce either in their countries or in the Emirates
If both parties wish to apply the divorce law in effect in their countries, they must request this before the court. Article 1 of the Personal Status Law No. 28 of 2005 stipulates that provisions of the law shall apply to UAE nationals unless non-Muslims have provisions specific to their sect and religion, and its provisions apply to non-nationals unless one adheres to the application of its law. This means that the parties concerned may request the application of their own laws in matters of personal status.
The case must first be registered by any party in the Family Guidance Section of one of the Emirates for coordination between the parties and a date to meet with the family counselor.
Family orientation interview is mandatory to complete divorce proceedings in the UAE. Spouses are allowed to express their concerns about marriage in the absence of their legal representative.
Friendly divorce can be reached at this stage. The parties formulate a settlement based on mutual understanding between the parties and sign it before the family counselor
If one or both parties insist on a divorce, the family counselor submits a referral letter to the application, allowing them to appear before the court to conclude the divorce case.
If you want to divorce, there must be legal reasons for divorce as you are injured by the husband and it’s impossible to continue the marital life in order not to lose your right, as the dowry's companion and alimony. Therefore, there must be available the elements of damage to the possibility of filing a case for divorce, with retaining the legal rights to you so that you are not lost them and here are the legal texts that are explained to the situation of several cases of the injury to the wife.
Article 117
1 - Each of the spouses request for divorce for the damage that is impossible with the duration of the ten well-known between them and does not drop the right of either of them, unless proven reconciliation.
2. The Family Guidance Committee shall, in accordance with article (16) of this law, undertake the reform of the spouses.
Article (118)
1. In case the prejudice is not established, the discordance is still continuing between the spouses and the Family Orientation Committee as well as the judge were not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.
2. The judgment appointing the two arbitrators must include the starting and closing dates of their assignment provided it does not exceed ninety days extendable by a decision of the court. The court shall notify the two arbitrators and the parties to the litigation of the judgment appointing the arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity and probity.
Article (119)
The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile between the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators work.
Article (120)
In case the arbitrators fail to reconcile the spouses:
1) Should the offence be entirely from the husband’s part and the wife, or both parties are claiming separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the wife resulting from marriage and divorce.
2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for a consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offence, the arbitrators shall decide separation without consideration or with one in proportion to each one’s share in the offence.
4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming separation, the arbitrators shall decide separation between them without consideration.
Article (121)
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
3. The judge shall amend the judgment of the arbitrators in contravention of the provisions of this law.
Article (122)
In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof and by the court judgments rendered against one of the spouses.
The hearsay testimony is accepted if the witness explained, or it was understood from his statement that the prejudice is widespread in the spouses’ life environment as decided by the court.
A hearsay testimony to negate the prejudice is not accepted.
The testimony of a male or female witness, except the testimony of an ascendant against a descendant or vice-versa, shall be accepted if the witness fulfils the conditions set forth by law for testimonial evidence
Article (123)
Where the wife asks for divorce, before consummation of marriage or legal privacy, and she deposited the amount received as dowry, the gifts obtained and the amount spent by the husband because of marriage, but the husband abstained from doing so and in case the judge did not succeed in reconciling them, he shall order separation against consideration (Khul’)
As for the procedure of divorce, Article (16) stipulates that:
1. The lawsuit concerning personal status matters shall not be admitted before the court unless it has previously been submitted to the Family Orientation Committee. Are excepted from this provision, matters concerning wills, inheritance and like matters, summary and provisional lawsuits concerning alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence of marriage or divorce.
2. Where conciliation between the parties takes place before the Family Orientation Committee, it shall be recorded in a minutes signed by the parties and the competent member of the Committee. The minutes shall be sanctioned by the competent judge, enforced as an executory deed and shall not be subject to any means of appeal except if it is in violation to the provisions of this Law.
3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing regulation organizing the work of the Family Orientation Committee.
If one of the parties demands the divorce, the consultant shall submit a letter to allow that party to file a case of divorce at the court.
The letter may be submitted to the court at any time within 30 months. The procedures of divorce are based on the estimate authority of the court as each part shall provide the evidences to defend.
The letter can be submitted to the court at any time within three months from the date of its issuance, and the divorce procedures are carried out at the discretion of the court and each party provides evidence in its possession against the other party in addition to the defense of each party for itself, knowing that the costs of divorce fees are approximately 100 UAE dirhams

الرد من العميل

I don't want divorce I want my rights regarding marriage n the loss I faced by my husband if I had to take divorce I would never back back from Pakistan this could easily be done from there The point is to get him punished here in dubai as he betrayed me he is having 1 wife in Pakistan no one knows our marriage here in dubai even not his family members because they are living n doing there businesses here I wantbto file case against my husband regarding betrayl with me n not giving my rights as a wife he took money from me made his own company n he mentally n physically abused me I want him to suffer with this as well because he is not a good man

الرد من العميل

Now tell me know because I came on 1 month visit visa here I just reached yesterday I don't have money no job no support I took loan from Pakistan n I came here to just file a case against him Please help me out regarding all this not filing a case regarding divorce

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

With regard to claiming any rights for the wife as a result of being subjected to harm, here it is necessary to file a complaint before the Public Prosecution and prove the harm and beating of the wife and the assault on her psychologically and physically. Before the civil court, filing a case and claiming material compensation. Here, it is required to prove the damage by all means of proof, so that the court hearing the case can estimate the value of the compensation for the wife.

الرد من العميل

The doctor is on leave now till 17th April n I Don have time I can't delay to file a case against him So tell me what I can do now

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, you can go to any hospital to make a medical report, or even to any doctor who has a license and license to work in medicine, and get a report of harm, and then file a complaint, as explained to you

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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