The Abu Dhabi Family, Civil and Administrative Claims Court ruled to reject the lawsuit of a woman who accused her ex-husband of borrowing 60,000 dirhams from her and refused to return it after their divorce. The court indicated that the decisive oath determined that the defendant was not indebted to the plaintiff. The details of the case are due to the fact that a woman filed a lawsuit against her ex-husband, in which she demanded that he be obligated to pay her an amount of 60 thousand dirhams and the legal interest at 12%, and to oblige him to pay the fees and expenses of the lawsuit and attorney’s fees, noting that the defendant was her husband, and during the period of their marriage she loaned him this amount. After he divorced her, he did not pay the amount he owed, and she demanded that the decisive oath be given to him, while the defendant submitted a response memorandum that was reviewed by the court.
Before deciding on the matter and on the defenses, the court ruled to direct the decisive oath to the defendant, so he swore it in the form: “I swear by God Almighty and by His Holy Book that I did not borrow from the plaintiff the amount of 60 thousand dirhams, and that I do not owe the plaintiff this amount or part of it as a loan from her to me, and God is responsible for what I owe.” I say martyr.
For its part, the court explained in the merits of its ruling that it is judicially established that the burden of proving the claimed right falls on the one who upholds it, and it is permissible for each of the two adversaries, in whatever case the case is, to direct the decisive oath to the other adversary, provided that the incident on which it is focused is The oath is related to the person to whom it was directed, and it is not permissible for the person who gave the decisive oath or rejected it to retract it whenever his opponent accepts to take the oath.
The court indicated that the plaintiff had requested that the decisive oath be given to the defendant, and after the court saw that there was no complete evidence of the validity of what the plaintiff claims, it directed the decisive oath to the defendant, who appeared before the court and swore it, thus proving to the court that the defendant did not owe the plaintiff any amounts. As a loan from the plaintiff, the court ruled to reject the lawsuit, and obligated the plaintiff to pay the fees, expenses, and fees.
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