The UAE’s Personal Status Law, under Article 71, permits either spouse to file for divorce due to harm that makes married life impossible. This right remains intact unless reconciliation is proven.
If you are considering filing a harm-based divorce case, it is essential to understand the reasons for rejecting them in the UAE.
This article provides a detailed guide to the main formal and substantive reasons for such rejections, based on Federal Law No. 41 of 2024.
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Reasons for rejecting harm-based divorce cases in the UAE
A harm-based divorce case is a legal proceeding initiated by a spouse to dissolve the marriage due to harm caused by the other spouse, which makes it impossible to maintain a marital relationship.
Harm can be physical or psychological, and the burden of proof lies on the complainant. Without evidence, the court will reject the case.
Formal Reasons for Rejecting Harm-Based Divorce
According to Article 8 of the Personal Status Law, the supervising judge can refer the parties to the Family Guidance Department to seek an amicable resolution of their disputes.
If the parties do not pursue this option, the case may be dismissed.
Additionally, cases filed in a non-jurisdictional court will also be rejected.
Substantive Reasons for Rejecting Harm-Based Divorce
When seeking a harm-based divorce, there are specific criteria that must be met to support the claims made by the complaining spouse.
If these criteria are not satisfied, the court may decide to reject the case. Below are some of the key reasons that can lead to the rejection of a harm-based divorce:
- Insufficient Evidence: The complainant cannot prove the harm caused by the other spouse.
- Absence of Parties: Failure of either spouse to attend hearings can result in rejection.
- Vague Allegations: The harm cited must be specific and well-documented.
- Weak Evidence: Inadequate evidence, such as a lack of medical or electronic records, leads to rejection.
- Harm Not Sufficient: The court may rule that the harm is insufficient for granting a divorce.
Rejection of a Harm-Based Divorce Case
Case Summary:
The Federal Supreme Court overturned a judicial ruling that had granted a wife a divorce, citing a lack of valid grounds, absence of evidence proving harm, or irreconcilable differences, and no proof of harm to the wife.
This case serves as an example to illustrate the reasons for rejecting harm-based divorce cases in the UAE.
Case Details:
A wife filed for harm-based divorce, seeking custody of her eight children and financial support.
The trial court granted her request, but the husband appealed, arguing there was no legitimate reason or proof of harm to justify divorce.
The Supreme Court ruled in favor of the husband, citing the lack of substantial evidence.
Final Verdict:
The court annulled the divorce, emphasizing the need for valid evidence under Islamic law and the UAE’s Personal Status Law.
Legal Tips to Avoid Rejection of a Harm-Based Divorce Case
- Seek Legal Advice: Consult a lawyer experienced in harm-based divorce cases.
- Gather Strong Evidence: Collect legal proof of harm, such as medical reports and written documentation.
- File Properly: Ensure that your case complies with UAE legal procedures.
Learn about divorce related to impotence and read about divorce due to maintenance failure in the UAE.
Conditions for Filing a Harm-Based Divorce Case in the UAE
- Existence of Harm: There must be evidence of harm that makes marital life intolerable.
- Severity of Harm: The harm must be severe, whether physical or psychological, reaching an extreme level.
- Continuous Harm: Minor harm must be consistent over time.
- Evidence: Strong legal evidence, such as medical reports or documented proof, is required.
- Legal Procedures: The case must adhere to the UAE’s procedural requirements for divorce cases.
FAQs about Divorce due to Damage in UAE
This article has outlined the reasons for rejecting harm-based divorce cases in the UAE and provided insights to help you navigate the legal process effectively.
If you need expert legal advice or representation, our experienced lawyers and legal consultants in Dubai are ready to assist you.
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