Most Read Contributor in United Arab Emirates, January 2017
Question: I am an Asian woman living in my home
country but my husband is an expatriate in the UAE. I have just
found out that he has been living with another woman for several
months. Is there something that I can do about it? Can they be
called in by UAE authorities for questioning?
Answer: You have the right to file a criminal
case against him for the offence of adultery, as per Article 356 of
UAE Federal Law No 3 of 1987, the Penal Code, but only if you have
proof that he has been having a physical relationship with another
woman inside the UAE. If you are planning to proceed with criminal
charges against your husband and his girlfriend you should provide
any kind of evidence you have, including witnesses, photos, videos,
emails/messages exchanged or a letter of admission. In general, the
criminal court has full discretionary powers to evaluate and
determine whether or not your husband committed adultery based on
the subjective evidence you produce. However, you should note that,
as per Article 121 of the Penal Code, if found guilty both of them
will be deported. It is also important to note that the judge has
discretionary powers to reduce jail sentence if they are found
guilty but does not have power to remove deportation.
Question: I am a European woman who lives in
the UAE and my fiancee is a divorcee. As was decided in court, his
kids from the former marriage live with his ex-wife in Dubai and he
pays Dh13,000 a month to cover all expenses and maintenance for the
children, a girl aged 12 and a boy aged 10, and the ex-wife. Could
you please advise us if he has a right to file a case demanding
Answer: Your fiancee has a right to file a
custody case in Dubai. However, he has to wait until the daughter
turns 13 and boy turns 11 to file the case, as it is at these ages
boys and girls are no longer obliged to be in the custody of the
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Question: My husband is planning to divorce me on a very petty issue. Do you think Dubai Courts would allow a divorce on these grounds, even though it's a matter that could have been resolved between us?
Chief justice and Bar Association have endorsed legislative proposal that would clarify outdated and confused concepts such as child custody, care and control, but government inertia may hold up its enactment
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