Wife Awarded Dh50,000 After Husband’s Assault Leaves Her With Fractured Teeth

A woman who suffered fractured upper front teeth, a deep cut to her tongue and bruising to her right shoulder after being assaulted by her husband has been awarded Dh50,000 in compensation by the Al Dhafra Court of First Instance.

 

The court held that a final criminal judgment against the husband was binding on the civil proceedings in establishing that the assault had occurred and that he was responsible for it.

 

It found that the requirements for civil liability, including wrongful conduct, damage and a causal link between the two, had been satisfied.

 

The woman had filed a lawsuit against her husband, an African national, seeking Dh100,000 for material, physical, psychological and cosmetic harm resulting from the assault. She also requested annual late-payment interest of 5 per cent, court costs and lawyers’ fees.

 

According to the case records, the husband entered her room following an argument and struck her in the face and body. The assault resulted in injuries documented in a medical report.

 

He had previously been convicted in the criminal proceedings of assault causing bodily harm and sentenced to two months in prison, with the sentence suspended, and fined Dh10,000. The civil compensation claim was subsequently referred to the competent court.

 

The husband contested the claim, asking the court to dismiss it on the grounds that his wife had not sufficiently established the extent or value of the alleged damage. He also argued that she had failed to provide adequate evidence of the material and future losses underlying her Dh100,000 demand.

 

In its judgment, the civil court said the unlawful act considered in the criminal case was the same conduct on which the compensation claim was based. As the criminal judgment had become final, it conclusively established the occurrence of the assault, its legal character and the husband’s responsibility.

 

The medical report confirmed that the woman had sustained a deep cut to her tongue, fractures to her upper front teeth and bruising to her right shoulder. The court found that these injuries amounted to compensable harm directly attributable to the assault.

 

It also recognised the psychological and emotional suffering caused by the incident, holding the husband liable for that harm as well.

 

The court ordered him to pay Dh50,000 in compensation for material and moral damages, together with annual interest of 4 per cent until the amount is paid in full. He was also directed to bear the court costs and pay Dh200 towards lawyers’ fees.