An Arab wife caused her husband’s divorce from his first wife, residing abroad, after she opened his phone while he was sleeping and transmitted pictures of the conversations between him and his first wife, and sent them to his daughter outside the country, which led to disputes with his first wife that led to their divorce.
The partial civil court of Ras Al Khaimah ordered the defendant to pay the plaintiff 8,100 dirhams, in compensation for the material and moral damage he had incurred, and obligated her to pay fees and attorneys’ fees.
The Ras Al Khaimah Misdemeanors Court had sentenced the accused to one month in prison on the accusation of violating her husband’s privacy, showing her the emails on his phone, against his will, and transmitting pictures of conversations to another using an information technology means.
In detail, a husband filed a lawsuit before a partial civil court, in which he stated that the defendant (his wife) took his phone and transmitted pictures of the conversations he had with his other wife, and sent them to her and his daughter, who resides outside the country, and caused him problems, as he made travel expenses abroad, For trying to reconcile with his wife, who filed a divorce lawsuit against him, and also incurred the expenses of shipping his things, and caused him to divorce him from his wife, which forced him to pay the delay of the dowry and the expense of pleasure, in addition to causing her to terminate his services from his work, and inflicting moral damage on him by causing his divorce and assaulting his privacy, He demanded compensation of 25 thousand dirhams for the moral and material damages he sustained as a result of the defendant’s encroachment on his privacy.
The defendant admitted to taking pictures of the conversations and sending them to her daughter-in-law abroad, and demanded that the lawsuit not be filed, on the grounds that the plaintiff did not inflict any damages on him, and that the lawsuit he filed was malicious, as he was required to pay her expenses, which amounted to 3000 dirhams per month, and demanded the rejection of the lawsuit.
The reasoning of the partial civil court ruling stated that what the defendant had committed a mistake for which she was criminally convicted, and it was a cause of the material damage to the plaintiff, represented by his making expenses related to the civil lawsuit procedures that he filed in parallel with the criminal lawsuit, and it was established that the plaintiff paid 2,100 dirhams As fees for the lawsuit, which are expenses that he would not have incurred had it not been for the error committed by the defendant against him, and therefore he is entitled to claim compensation for this amount.
She explained that with regard to compensation for material damage, the plaintiff did not prove that the damages he claims occurred due to losing his work and traveling abroad, and therefore the court refuses to compensate for the material damage for lack of evidence.
The court pointed out that the plaintiff had suffered moral damage represented in his feeling of humiliation, and the problems that the defendant had caused him between him and his other wife, because of the assault on his privacy and his private life, which makes the moral damage inflicted on him permanent, a harm that arose directly from the crime that was committed against him. It was committed by the defendant, as the elements of tort responsibility were available from a mistake attributed to the defendant, and she was convicted for it by virtue of a penal judgment that the court is bound by and becomes binding to decide on a joint issue between the criminal and civil lawsuit, as the moral damage is fixed against the plaintiff.
The court considers the plaintiff to compensate for what he has incurred at a value of 6000 dirhams, and orders the defendant to pay the plaintiff 8100 dirhams in compensation for the material and moral damage he has incurred, and obligates her with the costs of the lawsuit, fees and attorneys’ fees, and rejects the lawsuit in excess of that.