Court Upholds Wife-initiated Divorce, Dismisses Dh200,000 Compensation Claim

The Ras Al Khaimah Court of Appeal has upheld a divorce initiated by a wife, confirming earlier findings that the marriage had irretrievably broken down. The court dismissed the husband’s claim for Dh200,000 in compensation while maintaining custody and financial support arrangements for their ten children.

The ruling reinforces a prior judgment by the Court of First Instance, which granted the divorce, awarded the mother full custody, and imposed extensive financial obligations on the father in line with the children’s welfare and needs.

The case arises from the collapse of a marriage spanning more than a decade and involving ten children, ranging from infants to early teenagers. The woman had also taken responsibility for raising five children from her husband’s previous marriage, with all 15 living together as one household.

Court records show she left her job as a teacher to care full-time for the family, overseeing the upbringing, education and daily needs of the children over several years.

In her testimony, the wife described prolonged emotional and psychological distress, citing repeated verbal abuse, humiliation and instances of physical aggression, including being pushed in front of the children. She told the court she had reached a stage of complete emotional detachment and could no longer continue the marriage.

She also alleged social isolation, stating her movements were restricted and that she was prevented from visiting her family, even during critical moments such as the death of her brother.

Financial control formed a central element of her claims. She stated that while she was employed, her husband exercised control over her salary without justification. After she stopped working to care for the children, she alleged he failed to provide even basic financial support despite having a substantial monthly income.

The wife further raised concerns of medical neglect, stating she was denied necessary treatment for a health condition on the grounds that it might limit her ability to have more children, despite medical advice.

In its reasoning, the court relied on UAE Decree-Law No. 41 of 2024 on Personal Status, reflecting a more structured and codified approach to family law.

The court emphasised that compelling a spouse to remain in a marriage against their will is inconsistent with legal and social principles, concluding that the relationship had broken down beyond repair. The divorce was therefore issued as final and irrevocable.

Applying the “best interests of the child” principle, the court granted the mother full custody of the ten children, along with educational guardianship, giving her authority over schooling and daily affairs.

The father was directed to hand over all official documents relating to the children, including identification and personal records.

The court upheld a detailed financial framework based on the father’s verified income. He was ordered to pay Dh9,000 per month in child support, Dh46,000 annually as a housing allowance, and Dh20,000 as a one-time furnishing allowance.

He must also bear additional expenses, including domestic help, school fees, supplies, transportation and clothing, with certain education-related costs limited to children of school age.

The court firmly rejected the husband’s demand for Dh200,000 in compensation, ruling that the wife’s waiver of her financial rights constituted fair and sufficient consideration.

It further clarified that compensation in such cases falls within the court’s discretionary authority, guided by the facts and duration of the marriage, and is not determined by the amounts claimed by either party.

While noting that the husband has 15 children in total, including five from a previous marriage, the court confirmed that the custody and maintenance orders apply only to the ten children from the present marriage, despite the woman’s role in raising all of them.

 

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