ARTICLE
30 March 2016

UAE Family Matters Q&A: Can I File An Adultery Case Against My Husband's Girlfriend?

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Dr. Hassan Elhais

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Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
According to article 356 of law no 3 of 1987, "anyone indulging in the crime of indecent assault with mutual consent shall be punished by detention for at least one year".
United Arab Emirates Family and Matrimonial
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Question: I am an expatriate woman living in Dubai. My husband left me and is living with his girlfriend. I know that adultery is illegal in the UAE so please advise what I can do about it. Also, is it possible to file case only against the girlfriend?

According to article 356 of law no 3 of 1987, "anyone indulging in the crime of indecent assault with mutual consent shall be punished by detention for at least one year". Your husband and his girlfriend can be punished with a jail sentence if they are found guilty. As per article 121 of the same law, if they are found guilty both of them will have to be deported. It is important to note that the judge has discretionary powers to reduce jail sentence if they are found guilty. However, the judge does not have the power to remove deportation. In light of this, if you believe there is merit in your suspicion you can report the issue either personally or through a lawyer to a police station, providing any evidence you have, whether communications, photos, witnesses et cetera. With regards your last query, you cannot file a case only against the girlfriend; the charges will be against both of them.

Question: I am an Indian Hindu living in the UAE. Can I apply for a divorce in the UAE using the law in my own country?

According to article 1 of federal law no 28 of 2005 - the Personal Status Law - a resident expatriate in the UAE has the right to have his home country law applied here. The court would require a copy of the applicable law from your home country and a certificate issued by the concerned department in your home country that the law presented is used for divorce proceedings.

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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