UAE court rejects claim that polygamy damages marriage

 

A woman filed for divorce after her husband married a second wife

A UAE woman who successfully filed for divorce after her husband married a second wife has had the decision revoked by the Federal Supreme Court.
Documents revealed the mother claimed her marriage had been irretrievably “damaged” after her husband decided to marry another bride.

According to lawyers, the woman was initially granted a divorce as well as custody of the couple’s children and expenses for a maid.

But when the husband appealed the decision, judges in Abu Dhabi found in his favour and ruled that polygamy did not constitute grounds for a split.
“She [the wife] had testified that he [the husband] was treating her well and with kindness,” the court found.

“Therefore, the earlier verdict mistakenly analysed the circumstances and built the judgement on insufficient reasons.

“[They] contradicted with Sharia, which required the divorce to be revoked.”

Under UAE law, if one party in a marriage files for divorce the couple first have to undergo efforts to reconcile their differences.

A court appoints two male relatives of the pair to discuss whether the husband and wife can reach an understanding and remain married.

In this instance, the woman, who has not been named, rebuffed efforts to continue the relationship and it was agreed the divorce should go ahead.

The case was initially heard by the Court of First Instance who granted the separation as well as child custody and a cash supplement for the wife.

Later however, the husband challenged the verdict, arguing that no damage to the marriage could have taken place as a result of his second wife.

He said he had a legal right to marry again and the Federal Supreme Court agreed.

“The couple continue to live in harmony and there was no proof of damage except from claims made by the wife,” court documents said.

source:

 

Categories: Arab World, Asia

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4 replies

  1. POLYGAMY IN SAUDI ARABIA HAS CREATED A BIG PROBLEM TODAY.

    5 Divorces Every Hour In Saudi Arabia
    RIYADH: Divorce in the Kingdom happens at the rate of 127 cases per day, or about five cases every hour.
    This has been revealed in a report by the General Authority of Statistics.
    According to the report, more than 157,000 marriages were recorded in the courts over the past year, while over 46,000 divorce cases were recorded during the same period.
    The report stated, however, that last year the number of divorces recorded a decline from the year before, which saw more than 54,000 cases of divorce. The Eastern Province and Tabuk recorded the highest divorce rates last year — 36.7 percent and 36.1 percent respectively. In Riyadh, the divorce rate was recorded at 31 percent, while Jazan witnessed 17.9 percent.

    • The report does not state that all these divorces are due to polygamy. Regarding divorces there is an interesting paragraph in the book ‘The next century’ by George Friedman. He states that increased divorces are sort of ‘here to stay’ in all cultures. The reason being that our parents were too busy making babies and looking after them and did not have time to think of divorce. Now with ladies having less babies and more own funds they are quicker to leave a husband.

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