Reasons for rejecting harm-based divorce cases in the UAE

The UAE’s Personal Status Law, under Article 117, 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 harm-based divorce cases in the UAE. This article provides a detailed guide to the main formal and substantive reasons for such rejections, based on Federal Law No. 28 of 2005.

What Is a Harm-Based Divorce Case?

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.

Read more: Guide to Divorce Over Failure to Provide Maintenance in the UAE

Conditions for Filing a Harm-Based Divorce Case in the UAE

1. Existence of Harm: There must be evidence of harm that makes marital life intolerable.
2. Severity of Harm: The harm must be severe, whether physical or psychological, reaching an extreme level.
3. Continuous Harm: Minor harm must be consistent over time.
4. Evidence: Strong legal evidence, such as medical reports or documented proof, is required.
5. Failed Reconciliation: The couple must have failed to reconcile despite mediation efforts.
6. Legal Procedures: The case must adhere to UAE’s procedural requirements for divorce cases.

Reasons for rejecting harm-based divorce cases in the UAE

Formal Reasons:

1. Skipping Family Guidance Committee: Cases must first be presented to the Family Guidance Committee as per Article 16 of the Personal Status Law.
2. Filing in the Wrong Court: Cases filed in a non-jurisdictional court will be rejected.

Substantive Reasons:

1. Insufficient Evidence: The complainant cannot prove the harm caused by the other spouse.
2. Absence of Parties: Failure of either spouse to attend hearings can result in rejection.
3. Vague Allegations: The harm cited must be specific and well-documented.
4. Weak Evidence: Inadequate evidence, such as lack of medical or electronic records, leads to rejection.
5. Reconciliation: If reconciliation is achieved during mediation, the case is dismissed.
6. Harm Not Sufficient: The court may rule that the harm is insufficient for granting a divorce.

A Case Study: 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

1. Seek Legal Advice: Consult a lawyer experienced in harm-based divorce cases.
2. Gather Strong Evidence: Collect legal proof of harm, such as medical reports and written documentation.
3. File Properly: Ensure that your case complies with UAE legal procedures.

Read more: Divorce Due to Impotence in the UAE – Legal Guide

FAQs

When can a wife file for harm-based divorce?
A wife can file if she suffers psychological or physical harm that makes marital life unbearable.

Can a husband file for harm-based divorce?
Yes, harm-based divorce is available to both spouses.

What happens if the harm-based divorce case is rejected?
The complainant may bear the court costs and attorney’s fees.

This article has comprehensively 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 attorneys are ready to assist you. Contact us via WhatsApp for professional legal help.

Resources:

• Personal Status Law No. 28 of 2005.