Fujairah Court Grants Divorce After Husband’s Sorcery Conviction Shatters Marriage

The Fujairah Court of Appeal has granted a woman a divorce after finding that her husband had turned to sorcery to harm her, overturning an earlier decision that had denied her request.

 

The ruling followed a final criminal judgment confirming the man’s conviction for practicing sorcery, which the judges said caused emotional and psychological harm, making marital life unbearable.

 

The case began when the wife filed for divorce at the Court of First Instance, accusing her husband of neglecting the family, withholding financial support, preventing her from working, and subjecting her to repeated insults and physical abuse. She also said he threatened their children, warning he would “disown their mother.”

 

The lower court ordered the husband to pay Dh6,000 monthly for the children, Dh1,500 for the wife, and Dh1,000 for a maid, and to hand over the children’s passports and ID cards. However, it rejected her divorce plea, prompting an appeal.

 

Appeal and Evidence of Harm
In her appeal, the wife presented the criminal court’s ruling, already upheld on appeal. She argued that his use of sorcery and technology to disrupt her life was clear evidence of harm.

 

She requested divorce on grounds of harm and asked the court to order an annual housing allowance of Dh50,000, a one-time Dh25,000 payment for furnishing, Dh30,000 as deferred dowry, and various alimony forms, including support during her waiting period and custody-related expenses.

The wife also sought urgent alimony, allowances for Eid clothing, and Dh100,000 in compensation for psychological harm, in addition to requiring her husband to cover court fees, case expenses, and attorney’s fees.

The Court of Appeal referred to Article 71 of Federal Personal Status Law No. 41 of 2024, allowing either spouse to request divorce if harm makes marital life impossible. Judges noted harm may be physical or emotional and does not need to be repeated to be considered serious.

 

Court Decision 

The court said the husband’s actions -- using sorcery to harm his wife -- were severe enough to violate her dignity and peace of mind. It overturned the earlier decision and granted the divorce.

 

The husband must pay Dh30,000 as deferred dowry, Dh10,000 as alimony, Dh25,000 for home furnishing, and provide an annual Dh50,000 housing allowance. He must also pay Dh500 per month as a custody allowance. Custody of minor children was awarded to the wife until they reach the legal age.

The court upheld the prior orders requiring the husband to cover spousal and child expenses, maid costs, and hand over all official documents of the children. He must also pay court fees, litigation expenses at both trial levels, and Dh500 in attorney’s fees.