Mediation Resolves Prolonged Legal Battle; UAE Laws Highlight Divorce and Alimony Guidelines
Pavitra Shetty
Published on December 19, 2024, 12:47:47
A 70-year-old farmer from Haryana, India, has finalized his divorce after an 18-year separation and a protracted legal battle spanning over a decade. The farmer agreed to pay Rs 3.07 crore (Dh 1.33 million) in permanent alimony, concluding a marriage that began in 1980.
The couple, who share three children, had been living separately since 2006. The farmer filed for divorce in 2013, citing mental cruelty, but his plea was initially dismissed by a family court in Karnal. The case lingered for 11 years until the Punjab and Haryana High Court referred it to mediation in late 2024, ultimately leading to a mutual settlement.
Mediation Resolves a Lengthy Legal Struggle
The mediation process played a crucial role, enabling both parties and their three adult children to agree to dissolve the marriage. The settlement marked the end of a prolonged legal ordeal, providing a sense of closure and resolution for everyone involved.
Financial Sacrifices to Fulfill Alimony Obligations
To honour the settlement, the farmer sold a significant portion of his agricultural land, paying Rs 2.16 crore via demand draft and Rs 50 lakh in cash from crop sales. Additionally, he provided gold and silver ornaments worth Rs 40 lakh.
While this divorce concludes a challenging 44-year marital journey, it also secures financial stability for the wife and children, allowing the farmer to move forward with a sense of resolution.
Divorce and Alimony Laws in the UAE
In the UAE, divorce and alimony matters are governed by Federal Law No. 28 of 2005 on Personal Status (Personal Status Law), as amended. For non-Muslims, the Personal Status Law for Non-Muslims (2022) offers specific guidelines. Below are key aspects:
Grounds for Divorce
Under UAE law, divorce can be initiated by either spouse for various reasons, including:
Incompatibility or irreconcilable differences.
Harm or abuse, including emotional or physical abuse.
Non-fulfillment of marital obligations by either party.
Alimony and Financial Support
The UAE courts consider the following factors when determining alimony:
Income and Financial Status: The earning capacity and financial resources of both spouses.
Needs of the Spouse and Children: Includes the cost of housing, education, and general living expenses.
Standard of Living During the Marriage: Efforts are made to ensure that the dependent spouse and children maintain a lifestyle similar to the one enjoyed during the marriage.
Fault or Cause of Divorce: While the UAE generally avoids a fault-based approach, evidence of harm or neglect may influence the outcome.
Types of Alimony
Spousal Support: Financial support provided to the dependent spouse, typically for a limited period or until remarriage.
Child Support: Covers expenses related to the upbringing of children, including education, healthcare, and living costs.
Enforcement of Alimony
If a spouse fails to meet alimony obligations, the dependent party can seek enforcement through UAE courts. The courts may garnish wages, freeze assets, or take other measures to ensure compliance.
Mediation in UAE Divorce Cases
Similar to the Indian case, mediation is encouraged in the UAE to resolve marital disputes amicably. The Family Guidance Committee, operating under UAE courts, plays a critical role in facilitating reconciliation or settlements before a case proceeds to trial. This approach saves time and resources while minimizing emotional strain on both parties.
Conclusion
This Indian divorce case underscores the financial and emotional complexities of ending a long-term marriage. In the UAE, robust legal frameworks ensure that divorce and alimony matters are handled fairly, considering the needs and rights of all parties involved. Mediation and structured legal processes help provide clarity and resolution, safeguarding the financial and emotional well-being of families navigating similar challenges.
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