A (Gulf) woman lost three divorce cases that she filed against her husband, as it was found that the damage claimed by the wife was not proven, and two arbitrators refused to differentiate between the spouses in the interest of the family entity.
In detail, the wife filed a lawsuit in which she demanded that she be divorced from the husband, an irrevocable divorce, and obligated him to pay her the delay of the dowry and the maintenance of the waiting period, to establish her custody of her children, and to oblige him to pay the nursery housing and nursery fees, provide a maid, pay her fees, pay her monthly salary and the treatment expenses for her children.
She also demanded that the husband be obligated not to transfer her children’s schools from Fujairah, where she lives, explaining that she demanded a divorce after the dialogue between them had ceased as a result of permanent harm to her right in various ways, and that he did not treat her well and did not care about her or their children and no longer sat with her, especially after the divorce suit that she filed against him. And the divorce case for damages was rejected by the Fujairah and Federal Supreme Courts because the damage was not proven, but the discord still persists between them and marital life has become impossible.
The court deliberated the case, in which both the plaintiff and the defendant attended, and each of them submitted a memorandum, and the court decided to delegate two judgments before it to investigate the causes of discord between the spouses and make efforts to reconcile them or separate them when reform is not possible, pursuant to Article 118 of Decree-Law No. (8) of 2019 amending Some provisions of Federal Law No. 28 of 2005, and the two judges began the task entrusted to them and deposited their report, which stated that there was no convincing reason to separate the spouses, and accordingly the two arbitrators refused to separate the spouses in order to take care of the family and children’s situation based on the text of Article 120/5 of the Personal Status Law.
The court confirmed that what is confirmed from reading the case papers is that the wife had previously filed a lawsuit in the Personal Status Court in Fujairah asking for a ruling to divorce her for the damage, and it was rejected because the damage was not proven. The Federal Supreme Court annulled the ruling, and then the plaintiff re-initiated this lawsuit against the defendant for discord after the damage had continued.
The court dismissed the case, and obligated the plaintiff to pay fees, expenses, and attorney’s fees.
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