A woman filed a lawsuit in the Fujairah Federal Court demanding that her ex-husband be obligated to pay 500,000 dirhams in alimony that she has been bearing since the birth of their son in 2006, demanding that he obtain identification papers for him and obligating him to register him in one of the country’s schools, after the court had previously proven in a ruling that her ex-husband is the father of her son.
The plaintiff had previously filed a lawsuit stating that she had married the defendant, and that he had consummated the marriage with her under a legal contract, and that she had become pregnant from him in the marital bed, and then he divorced her while she was in the pregnancy period, as proven by the divorce certificate.
She attached the legal evidence supporting her case, which included the marriage contract that took place in 2005, in accordance with the provisions of Sharia and the law, noting that she had a son from him in 2006, but the defendant refused to acknowledge him, despite the existence of a valid marital relationship and the establishment of the bed, without justification or legal reason, only to evade responsibility for his son and his expenses and expenditures, which caused her and her son great material and moral harm as a result of the defendant’s denial.
The defendant confronted her with another claim in which he stated that he was the plaintiff’s husband and that they had been divorced. While proving the divorce before the Fujairah Sharia Court, his ex-wife admitted that she was pregnant, and then travelled to her home country. When he contacted her to ask her about the pregnancy, she replied that she had miscarried, and after that communication between them was cut off.
He stated in the case papers that after 17 years, he was surprised when his ex-wife filed a lawsuit against him in the Fujairah Sharia Court, demanding proof of the child’s lineage. The court ruled to reject the lawsuit due to lack of validity and proof, but it was not satisfied and appealed the ruling. The Fujairah Court of Appeal issued a preliminary ruling to refer the plaintiff, his son and the defendant to the forensic medicine to examine their DNA. The court proved, through the forensic medicine after taking samples, the son’s lineage to the defendant.
The defendant demanded that the plaintiff compensate him with three million dirhams in accordance with the text of Article 282 of the Civil Transactions Law, which stipulates that any harm to others obligates its perpetrator – even if he is not discerning – to guarantee the damage. This means that any act that causes harm to others requires compensation, after she harmed him when she hid his son and deprived him of him. She deliberately informed him that she had aborted the pregnancy and did not give birth to him alive after the divorce between them and travelled to her homeland, and deprived him of him throughout that period. The court rejected his claim.
The court stated in the case filed by the appellant recently, demanding that her ex-husband be obligated to pay 500 thousand dirhams, the value of the alimony she had borne since the birth of their son in 2006, and to oblige him to register him in one of the state schools and obtain identification papers for him and other requests, that the son has become an adult according to the law, and thus has left the cloak of women’s and men’s custody, and has begun to hug and not be hugged, and has the freedom to choose who he wants to live with, which is why the court rules to reject the appellant’s request, which is to continue her custody of her son.
It also ruled that the respondent must obtain the son’s identification documents and register him in one of the state’s schools, and that he must pay AED 1,500 per month in alimony and AED 500 per month in nursery fees, and that all other requests must be rejected.
• The court ruled that the father must obtain the son’s identification papers and register him in one of the state’s schools, and pay 1,500 dirhams per month in alimony and 500 dirhams in custody fees.
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