The UAE is considered as the state with the divorce rate in the region. According to a survey by the help of family Lawyers in UAE Only in Dubai, 1,129 divorces occurred last year, an average three per day. Among the main reasons, the most common is the speed of lifestyle, people use to believe in easy come easy go that leads toward divorce among expats.
Among the main reasons, the most common is the speed of lifestyle, people use to believe in easy come easy go that lead toward divorce among expats. There will be serious challenges in the legal proceeding related to the legal rights of the wife and children.
Family lawyers in Dubai – https://hhslawyers.com/practice-areas/marriage-lawyers-in-dubai/ advised that as per Article 1 of UAE, Personal Status Law foreigner residing in the UAE have the right to choose their home country laws to sort out families’ disputes.
In 1986, a Hindu girl got married to a person from same community and then move forward to Dubai. Unfortunately, husband’s attitude towards his companion deviated theatrically. Family friends tried their best for reconciliation but all went in vain, finally, wife moved out of his husband’s home along with her two children to restore the peace of her life.
In order to meet the daily financial requirements in Dubai, wife filed a case against the husband in front of Dubai Courts requesting financial support known as Nafaqah. The husband rejects all allegations and requests the Court to reject the case according to the UAE Personal Status Law the Nafaqah is subject to the paying her matrimonial duties as per Sharia Law.
Court decided that the wife had left out her husband’s house proves that she failed to make her duties towards her husband, so her request for Nafaqah is rejected. The wife files an appeal in the Court of Appeal. The wife mentioned that as per article 1 of UAE Personal Status Law no. 28 of 2005, an expat has the right to choose their homeland law to deal with the matter. In this contest, the wife submits the application according to the article 18 of the Hindu Act no. 78 of 1956 which provides the Hindu wife the right to claim lifetime financial support from her husband regardless of the fact whether she left her matrimonial house.
Following this appeal court ordered the husband to pay the appropriate monthly financial support. In front of Dubai Court of Cassation, the husband claimed Hindu act has a conflict with Sharia Law and must be rejected. Husband appealed that Nafaqah is dependent on the wife’s fulfillment of her matrimonial duties husband. As the wife has departed her matrimonial house on her own desire, is considered ‘Nashez’ (that means wife failed to fulfill her husband duties), so Nafaqah must be rejected. However, Dubai Court of Cassation rejects the husband’s claims.
Court of Cassation has ordered disputed parties are Indians and the wife has requested to proceed with home country law which protects a wife and provides her right in the form of financial support in case she departs her matrimonial house, so due to valid justification as per law, court ordered the husband to provide entitled financial support according to the Hindu Act.