The Personal Status Appeals Court in Ras Al Khaimah upheld the first instance court ruling of the judge proving the disobedience of a (Gulf) wife and the forfeiture of her right to spousal maintenance from the date she abandoned the marital home, after her failure to implement a ruling issued against her of marital obedience.
In detail, the husband of a newspaper filed a lawsuit, in which he reported that his wife refused to return to the marital home and take into account the affairs of her family and reciprocate his respect, and demanded the verdict to prove her disobedience and the loss of all her legal and legal rights, based on the saying that she began to raise disputes and problems in all ways and left the marital home in July last year, She finally abstained from obeying him, and she applied to the Family Guidance Committee to divorce her due to harm, obtain all her marital rights, and prove custody and custody housing.
The Family Guidance Committee confirmed that reconciliation was impossible and the husband filed a lawsuit in which he demanded that the wife be compelled to return to the marital home and enter into obedience and not leave it, except with his permission, while the wife filed a lawsuit in which she demanded her divorce due to harm, obtaining the back of the dowry, maintenance of the waiting period, her entertainment, custody of children and the maintenance of their home.
The husband’s client, Lawyer Ramzi al-Ajouz, demanded a ruling to prove the wife’s recalcitrance and waive her legal and legal rights, while the wife’s attorney, lawyer Yusef al-Nuaimi, demanded that the case not be accepted for filing it other than the way prescribed by the Personal Status Law.
The reasons for the judgment of the Court of Appeal stated that the wife appealed against the first degree ruling of failure to cause and corruption in inference and breach of the right of defense because the husband intentionally harms her, and that her stay in his family’s home led to problems and damage to her, which prompted her to leave the marital home, and the husband and witnesses confirmed that his family They are the ones who spend on him and his wife because he does not work and is unable to spend, and that the claim of her right to disobey him without disobedience, and the husband’s harming her by refraining from implementing the judgment of her seeing her children, came unsuccessful and counter-productive.
The court clarified that the husband obtained a final and final court ruling obliging the wife to return to the marital home and decide on it and take care of the interests of the marriage, but it refrained from returning without a legal or legal justification.
She indicated that what the wife has maintained of the husband’s harming her as a result of his failure to implement the judgments issued in her favor with the vision of her children is within the scope of the competent execution judge and the powers that he possesses to compel the implementation of the judgments, which makes the obituary misplaced and the court turns away from it, and with it the court decides to uphold the appealed judgment And obligating the wife to pay the expenses.
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