A Gulf woman filed a lawsuit against her ex-husband to demand that he be obligated to pay her 440 thousand dirhams, the value of her participation in purchasing a property during the marital relationship. The Ras Al Khaimah Civil Court of First Instance ruled that it had no qualitative jurisdiction to hear the case, and referred it to the Personal Status Court.
In detail, the plaintiff reported that a divorce had occurred between her and the defendant, and that she left the house after the divorce and wanted to recover the amount she contributed to building the house. The defendant acknowledged in a response note submitted by his agent that the plaintiff contributed to building the house, and that the amount she contributed was not considered a debt. He must pay it back, as the proof of the case did not include the necessity of returning it in cash and on a specific date. This is in exchange for her participation in building the house, and she is not permitted to recover it until after the house is sold. He explained that he “does not mind returning the amount to the plaintiff after selling the house,” and requested a settlement with her that includes selling the house she contributed to building and taking the value of her participation.
In a civil court of first instance ruling, it was stated that Article (62) of the Personal Status Law stipulates that “Each of the spouses has the right to have recourse against the other upon divorce or death, if one of them participates with the other in trade, building a home, or the like, taking from “Maliki doctrine,” and for the Personal Status Court to have jurisdiction over those financial transactions that arose between the spouses, the dispute over them must have been raised following divorce or death.
She added, “What is confirmed in the documents is the defendant’s acknowledgment that the plaintiff participated in purchasing a property during the existence of the marital relationship, and it became clear that they were divorced before filing the lawsuit. Accordingly, the lawsuit falls outside the specific jurisdiction of the civil court, whose consideration is limited to lawsuits that are filed during the existence of the marital relationship.” According to the jurisprudence of the Ras Al Khaimah Court of Cassation, the Personal Status Court has the original jurisdiction in the case.
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