Umm Al Quwain Court Orders Wife to Repay Dh200,000 After She Ends Marriage Before Cohabitation

The Federal Sharia Court of Umm Al Quwain has ordered a woman to return nearly Dh200,000 to her former husband after ruling that she was responsible for ending their marriage before the couple began living together.

 

The Personal Status Court issued the decision following a complex dispute in which both spouses filed for divorce, each blaming the other for the breakdown and seeking compensation.

Court records show that the pair signed a valid Islamic marriage contract in October 2024, but the relationship collapsed before they moved in together or held a wedding ceremony.

 

The wife filed a case seeking divorce on grounds of harm, along with Dh3,000 in monthly maintenance, her deferred dowry and iddah maintenance. She argued that her husband failed to provide the independent housing he had promised, refused to set a wedding date and eventually stopped communicating with her and her family.

 

She further claimed that they had met privately on several occasions, creating khulwa sahihah (valid seclusion), which she said entitled her to full marital rights.

 

Husband’s Counterclaim

The husband denied the wife’s allegations and said she was at fault for the collapse of the marriage. He insisted that the marriage was never consummated, that no valid seclusion occurred and that he had fulfilled all his obligations in good faith, including paying the dowry and covering significant wedding-related expenses.

Court documents show that the husband paid Dh20,000 as dowry, bought Dh130,000 worth of gold, spent Dh30,000 on the engagement celebration and gifted the wife two necklaces -- one gold and one pearl -- along with perfumes and clothes, bringing the total value of gifts to about Dh20,000.

 

The husband informed the court that he made every effort to provide suitable housing and attempted reconciliation on several occasions, personally and through the court. Despite this, the wife rejected all housing options offered to her, including a separate annex at his family home located close to her parents’ residence. She insisted she preferred to remain with her family instead.

 

During the proceedings, the husband also discovered through an official document submitted to the court that the wife had previously been married and divorced. He said the revelation caused him significant distress and prompted him to seek divorce and compensation. His lawyer added that this was not the first time the woman had withdrawn from a marriage before consummation, suggesting a pattern of reluctance to complete marital obligations.

 

Wife’s Account

 

The wife argued that her husband’s failure to provide a marital home and his refusal to continue communication forced her to take the matter to court. She said she was ready to proceed with the marriage but had been effectively abandoned after the contract was signed.

 

She insisted that khulwa sahihah had taken place, making the marriage binding under Islamic law and entitling her to maintenance and her deferred dowry.

After reviewing evidence and hearing witness statements, the court confirmed that khulwa sahihah occurred twice -- once at the wife’s family home and once while the couple were travelling together in a private vehicle.

 

However, the court found that the wife was the party who chose to end the marriage. Evidence showed that the husband made repeated reconciliation attempts, offered accommodation and provided financial support, while the wife consistently refused to move forward with the marriage.

 

The court concluded that the husband acted in good faith and that the wife was responsible for the collapse of the relationship.

The court issued an irrevocable divorce and ordered:

• 
  The wife must return all amounts received, including the Dh20,000 dowry, Dh130,000 worth of gold, Dh30,000 spent on engagement celebrations and Dh20,000 in gifts.
• 
  The husband must pay Dh2,000 per month in spousal maintenance from the date of the marriage contract until the divorce ruling became final, as well as Dh9,000 for post-divorce housing during the iddah (waiting) period
• 
  Each party will bear their own legal costs.

 

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