The Abu Dhabi Family, Civil and Administrative Claims Court has ordered a woman to pay a man 10,000 dirhams in compensation for the moral damages he suffered as a result of her insulting and cursing him. The criminal court had fined the plaintiff 5,000 dirhams for the same charge.
In the details, a man filed a lawsuit against a woman, demanding that she be obligated to pay him 100,000 dirhams in material and moral compensation and to pay fees and expenses, indicating that the defendant insulted him and was convicted by a criminal judgment on charges of defamation and slander and fined 5,000 dirhams, and that her actions caused him to feel humiliated and insulted in himself and his person and made him a subject of ridicule.
For its part, the court explained in the grounds of its ruling that the ruling issued in criminal cases has authority in the civil suit before the civil courts, whenever it has made a necessary decision regarding the occurrence of the act that constitutes the common basis between the criminal and civil suits and the legal description of this act and its attribution to its perpetrator, noting that the criminal ruling convicted the defendant after her admission and the charge attributed to her was proven, through what was stated in the plaintiff’s statements in the report examining his phone, in addition to the defendant’s confession in the evidence collection report and the prosecution’s investigations of insulting the complainant, which has proven in the court’s belief with certainty that the defendant committed the charge attributed to her.
The court explained that according to the text of Article 282 of the Civil Transactions Law, “Any harm to others obligates its perpetrator, even if he is not discerning, to compensate for the harm.” The defendant’s error was proven by virtue of the criminal judgment, and that error caused the plaintiff moral damages represented in the sadness and grief he suffered and the feelings he suffered by being insulted. Accordingly, the court finds that the plaintiff is entitled to compensate all moral damages that he suffered due to the defendant’s error, while the court rejected the request for material compensation, noting that the papers were devoid of anything indicating that there were material damages that the plaintiff suffered. The court ruled to oblige the defendant to pay the plaintiff the sum of 10 thousand dirhams and obligated her to pay the fees and expenses.
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