Most Read Contributor in United Arab Emirates, January 2017
Question: My husband is planning to divorce me
on a very petty issue. We are finding it difficult to live with his
brother under the same roof. I told him to get me a separate
apartment in Dubai but he has refused and has chosen to divorce me
instead. 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?
Answer: Unfortunately, your husband has the
right to claim for divorce regardless of the reasons or grounds.
But you would still have the right to claim compensation, or
Nafakkit Muttaa, per Article 140 of Federal Law No 28 of 2005 - the
Personal Status Law. This article states that "if the husband
divorced his wife who married him a correct marriage without any
reason or demand on her side, she would deserve compensation after
divorce, in addition to the period of waiting expenses according to
the situation of the husband". You also have the right to
claim other financial rights such as unpaid dowry and unpaid
financial support backdated to 36 months.
Question: My husband was a victim of theft. His
wallet was stolen and he referred the matter to the police. Does he
have a right to claim compensation?
Answer: The law gives the right to all victims,
in any crime, without exception, to claim compensation. This right
is given during the criminal procedure and before a judgment is
given from the court of first instance. The law does not cite
minimum or maximum limits for compensation, leaving it to the
discretion of the court. The criminal court can decide on a civil
claim raised during criminal proceedings, with the following
expected outcomes: (a) if the accused is guilty, the court will
have the discretionary power to award the full compensation or part
of it; (b) if the accused is found guilty, the court has the
discretionary power to refer to the civil courts for compensation;
(c) if the accused is not found guilty, then it is likely that they
will not award any compensation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Chief justice and Bar Association have endorsed legislative proposal that would clarify outdated and confused concepts such as child custody, care and control, but government inertia may hold up its enactment
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