The Abu Dhabi Court for Family and Civil and Administrative Claims rejected the appeal of a man against his ex-wife, asking her to return 230
A thousand dirhams of her dowry and marriage equipment, and the court upheld the ruling of the Court of First Instance to refer the case to one of the Status Departments
Personal.
In the details, a man filed a lawsuit against a woman, demanding that she be obliged to pay an amount of 230,000 dirhams, and interest is 12%.
From the date of the claim until full payment, with obligating it to pay fees, expenses and attorney’s fees, indicating that he
By lending the defendant the amount of the claim, provided that it will be returned by her upon his request, and he has taken the initiative to transfer that amount through
Bank transfers in two installments, the first amounting to 130 thousand dirhams to her account in one of the banks, and the other amounting to 100 thousand dirhams
For the same account, and when he asked her to return the amount, she delayed delivering it to him.
While the defendant submitted a reply memorandum in which she argued that this court had no qualitative jurisdiction over the case and the jurisdiction of the court
Personal status courts and in reserve refer the case for investigation to hear its statements and witnesses, and the memorandum included a portfolio
Documents including marriage contract and birth certificate in English.
For its part, the court confirmed, in the merits of its ruling, that the plaintiff had filed a lawsuit to claim the money he transferred on the
The defendant’s bank account, but the latter paid that claim that what was transferred to her was dowry and equipment
Marriage procedures and submitted a document supporting her defense as an expression of a marriage contract.
The court indicated that it had authorized the plaintiff’s attorney to comment with a deadline of three days, but he did not initiate it.
Hence, the family court is competent to consider the case, and the court decided to refer the case to one of the circuits
Personal status and kept the separation of fees and expenses.
The judgment was not accepted by the appellant, so he appealed with a newspaper in which he requested that his appeal be accepted in form and in its subject matter to cancel the judgment
The appellant and the judiciary again with his original requests, noting the appealed judgment, a violation of the documents established and a breach of the right of the appellant
The defense, as the court of first instance refused to accept his defense memorandum despite his depositing it within the specified period, and attaching it to the talks
WhatsApp application between them for transferring claim amounts.
For its part, the Court of Appeals clarified that what is established by examining all the papers is correct what the Court of First Instance concluded
Taking into account what the appellee held, that the amounts involved in the lawsuit had been received by the appellant in return for the marriage arrangements of the appellant
This consideration is reinforced by what was proven in the papers that she was transferred to her about two months before the date of the issuance of their marriage contract, as stated in a receipt
The bank announced that it transferred the amount of 100,000 dirhams to its benefit, that the purpose of the transfer was a family support loan.
The court indicated that the respondent insisted on hearing its witnesses that the amount of the claim was in return for the preparations for the marriage, as well
For what she submitted, which indicates that she had previously resided in a personal status case, which was decided on the date of her divorce from the appellant, and the appellant did not
The latter deals with his defense of her claim for the sums of money in question.
The court confirmed that the conclusion of the court of first instance for its appealed ruling of lack of jurisdiction has agreed with its judiciary
The reality and the law are true, as the appeals against the appellant were not valid, so his appeal lacked its support and worthy of refusal.
The court, in a consultative chamber, decided to accept the appeal in form, to reject it in substance, and to uphold the appealed judgment, and it obligated
The appellant of expenses for his appeal.
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