إسأل Attorney الآن
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
Lawyer
Hai my name is sivaganga,we r from india,my...
Hai my name is sivaganga,we r from india,my husband and me both are fight together,lot of arguments,but I said compromise together because we have a baby,but he doesn't listen my words and he said to me go to ur mother's home,what should I do
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Near almahatta park sharjah
Lawyer's Assistant: Has anything been filed or reported?
I am not understand
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No whatever prblm we have,I want to live together because of baby,I want give an healthy atmosphere
إطرح سؤالك
إجابة الخبير: Mohammad Abd Alrazeq
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
We would like to inform you that if there are problems with your husband and he says that you go to your mother’s house then in this case you can file a case of alimony for you and your child against him
But if you want to file a divorce suit from him for the harm, then the UAE personal status law has given the right to the victim of the spouses to ask for a divorce for the harm that is inflicted on him from the other
If you suffer harm from your husband, it is impossible for him to perpetuate the evil between you, then he can go for family support and guidance, ask for divorce and file a complaint.
And if the husband is the one who wants to divorce, then the burden of proving the harm done to him is must be proven
Consequently, you are summoned to the family counseling, and you clarify the matter about the nature of the work, and the family orientation will have the word in deciding the matter as harm to the wife or not, and then resorting to the court requesting divorce from your husband for the damage
Note that in cases of reparation for harm if the offense is all on the part of the husband, and the wife is the one who ask separation or they are both ask, the two rulings decided to differentiate by a clear divorce without prejudice to any of the marital rights resulting from marriage and divorce. And if the abuse was all on the part of the wife, they decided to differentiate in return for a suitable allowance, which the wife could pay. And if the abuse was joint, they decided to separate without compensation or allowance commensurate with the percentage of the abuse. And if the situation is ignorant, then the abuser does not know about them, if the husband is the is the one who ask, the two rulings suggest his lawsuit, and if the wife is the student, or both of them are asking to separate, the two rulings decide to separate them without compensation.
Note that in divorce cases, the competent court in which the lawsuit is filed is the family court in which its home is located, the home, the place of residence, the workplace of the plaintiff or defendant, or the marital home
In accordance with the provisions of the UAE Personal Status Law:
Article No. 55
The wife's rights over her husband:
1) Alimony.
2) Not to prevent her from completing her education.
3) Not to prevent her from visiting her assets, branches, and brothers and visiting them well.
4) Not to be subjected to it financially or morally.
6) fair for her and the other wives if the husband has more than one wife.
Article (63)
1. Alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if she is performing such services within her family, and all what the conjugal relationship kindly requires.
2. In assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it does not fall below the sufficiency level.
3. In adjudging alimonies of all kinds, fostering and dwelling charges and all conditions on which depends adjudging all these, eye-witnessing shall suffice.
Article 66
Alimony is obligatory for the wife on her husband with the correct contract if she surrenders herself to him even if by a ruling
Article (78)
1 - the expense of the young boy who has no money to his father, until the girl marries, and the boy reaches the extent to earn the likes of him, unless the student of science continues to study successfully
. 2 - The expense of a child who is unable to earn a disability or other to his father, if he has no money to spend from it.
3 - The expense of the female is due to her father if she divorces or dies from her husband unless she has money or someone who owes it to her.
4 - If the child's money does not meet his expenses, his father committed to complete the conditions under the previous conditions.
Article 79
The father has the costs of breastfeeding his son if the mother cannot breastfeed him, and this is considered an alimony
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
إجابة الخبير: Mohammad Abd Alrazeq
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
We would like to inform you that if there are problems with your husband and he says that you go to your mother’s house then in this case you can file a case of alimony for you and your child against him
But if you want to file a divorce suit from him for the harm, then the UAE personal status law has given the right to the victim of the spouses to ask for a divorce for the harm that is inflicted on him from the other
If you suffer harm from your husband, it is impossible for him to perpetuate the evil between you, then he can go for family support and guidance, ask for divorce and file a complaint.
And if the husband is the one who wants to divorce, then the burden of proving the harm done to him is must be proven
Consequently, you are summoned to the family counseling, and you clarify the matter about the nature of the work, and the family orientation will have the word in deciding the matter as harm to the wife or not, and then resorting to the court requesting divorce from your husband for the damage
Note that in cases of reparation for harm if the offense is all on the part of the husband, and the wife is the one who ask separation or they are both ask, the two rulings decided to differentiate by a clear divorce without prejudice to any of the marital rights resulting from marriage and divorce. And if the abuse was all on the part of the wife, they decided to differentiate in return for a suitable allowance, which the wife could pay. And if the abuse was joint, they decided to separate without compensation or allowance commensurate with the percentage of the abuse. And if the situation is ignorant, then the abuser does not know about them, if the husband is the is the one who ask, the two rulings suggest his lawsuit, and if the wife is the student, or both of them are asking to separate, the two rulings decide to separate them without compensation.
Note that in divorce cases, the competent court in which the lawsuit is filed is the family court in which its home is located, the home, the place of residence, the workplace of the plaintiff or defendant, or the marital home
In accordance with the provisions of the UAE Personal Status Law:
Article No. 55
The wife's rights over her husband:
1) Alimony.
2) Not to prevent her from completing her education.
3) Not to prevent her from visiting her assets, branches, and brothers and visiting them well.
4) Not to be subjected to it financially or morally.
6) fair for her and the other wives if the husband has more than one wife.
Article (63)
1. Alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if she is performing such services within her family, and all what the conjugal relationship kindly requires.
2. In assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it does not fall below the sufficiency level.
3. In adjudging alimonies of all kinds, fostering and dwelling charges and all conditions on which depends adjudging all these, eye-witnessing shall suffice.
Article 66
Alimony is obligatory for the wife on her husband with the correct contract if she surrenders herself to him even if by a ruling
Article (78)
1 - the expense of the young boy who has no money to his father, until the girl marries, and the boy reaches the extent to earn the likes of him, unless the student of science continues to study successfully
. 2 - The expense of a child who is unable to earn a disability or other to his father, if he has no money to spend from it.
3 - The expense of the female is due to her father if she divorces or dies from her husband unless she has money or someone who owes it to her.
4 - If the child's money does not meet his expenses, his father committed to complete the conditions under the previous conditions.
Article 79
The father has the costs of breastfeeding his son if the mother cannot breastfeed him, and this is considered an alimony
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
إسأل Attorney
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
- 100% ضمان الرضا
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