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UAE- Legal view: Wife entitled to monetary support  Join our daily free Newsletter

MENAFN - Khaleej Times - 12/05/2014
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(MENAFN - Khaleej Times) Wife is legally entitled to receive monetary support from her husband at all times during the continuance of marriage and has the right to seek legal remedy in case such support is not forthcoming.

my sister was married in 2004 and was living with her husband in dubai since then. however he started drinking and hurting my sister physically. naturally my parents were concerned and so my sister came to live with us in 2010. we gave her husband enough time to recover in the hope that he will come back to his senses.

unfortunately that was not the case and even after meeting his parents (in 2012) nothing changed. in fact he told us he cannot change and that my sister deserves someone else. however he has refused to divorce my sister in dubai since he will be liable to pay for her expenses since 2010. he is forcing her to give her passport copy to him so that he can execute the divorce back home (he will not be liable to pay there). after initial resistance we have decided to give him the documents as we want our sister to move ahead in life and forget this sad chapter.

this brings me to my question: is there any way we can still process a complaint against him in dubai? can we make him pay for the last three years’ expenses which he never bothered to pay for to my sister? for your infomation he has been employed in abu dhabi in a well-known multinational company and he is earning a very good salary (which includes family expenses).

it is understood that your sister has been married for about 10 years and that she was facing physical abuse from her husband for some time. subsequently your sister came to live with her parents. further it is presumed that all attempts for reconciliation between the husband and the wife have failed as of now and the parties to the marriage are looking towards dissolution of the marriage.

you have not mentioned the religion of your sister and her husband and whether the couple are indians. the answer to your query will vary depending on the nationality and religion of the couple as in the case of indians their personal law will be applicable in such matters.

pursuant to your questions it may be advised that your sister lodge a complaint against her husband citing physical abuse and cruelty provided she has sufficient evidence and medical reports to corroborate her claims in that respect.

further your sister is legally entitled to receive monetary support from her husband at all times during the continuance of marriage and has the right to seek legal remedy in case such support is not forthcoming.

your sister may choose to file a petition for maintenance against her husband before the uae courts of competent jurisdiction with a prayer to direct her husband for payment of maintenance costs to her bmy her husband.

the petition may be given a retrospective effect wherein your sister may also ask for payment of maintenance amounts for the past three years as well.

in the uae the petition may be filed in accordance with article 9 clause 2 of the federal law no 28 of 2005 on the issuance of personal status laws which states as follows:

“the court of the plaintiff’s or defendant’s domicile residence or place of business or the conjugal domicile shall have jurisdiction to examine the lawsuits introduced by the children the wife the parents or the fostering nurse as the case may be in the following instances:

1. costs wages and the like.

2. fostering visitation and related matters.

3. dowry trousseau gifts and the like.

4. divorce divorce in return of money discharge rescission and separation between spouses of all kinds.

5. the court of the deceased’s last domicile residence or place of business in the state shall have jurisdiction to verify the evidence of heredity wills and liquidation of the estate. if the deceased has no domicile residence or place of business in the state the competent court shall be the one in whose jurisdiction one of the estate’s immovable property is situated.”

it may be noted here that most personal laws recognise the norm that during subsistence of marriage a husband should provide maintenance to his wife.

the amount of maintenance may however vary depending on the earning capacities of the husband and also on the kind of lifestyle the couple may sustain. your sister is thus within her rights to ask for maintenance from her husband. it may also be suggested that your sister should take the aid of a legal practitioner who may provide the required legal assistance in this regard.

termination without notice

my brother has been in dubai on an employment visa since one month. his medical test has been completed but he has not signed the labour contract and his visa has not been stamped. now the employer is planning to sack him and is planning to cancel the visa saying he is not fit for the job. please let us know how to proceed under the circumstances. he is an mba. can he look for another job if they cancel his visa?

it is understood that your brother came to dubai on an employment permit and has been staying working for a month and while he has completed his medical examination his employer has not signed an employment contract and is contemplating termination of his services and cancel the process for stamping of his visa. it is to be assumed here that your brother’s employment is subject to provisions of the federal law no (8) of 1980 on labour relations (the “labour law”).

pursuant to your question it may be advised that your brother’s employer is within his rights to terminate the services of your brother without serving any notice or giving him any end of service benefits after termination. this is in accordance with the provisions of article 37 of the labour law which states:

“a worker may be engaged on probation for a period not exceeding six months during which his services may be terminated by the employer without notice or severance pay: provided that a worker shall not be engaged on probation more than once in the service of any one employer. where a worker successfully completes his period of probation and remains in his job the said period shall be reckoned towards his period of service.”

pursuant to the aforementioned provision of the labour law it may be advised that your brother may now follow-up with his employer on the course of action to be followed in the event that the employer’s decision to terminate his employment is final.

ashish mehta llb f.i.c.a. m.c.i.t. m.c.i.arb. is the founder and managing partner of ashish mehta & associates. he is qualified to practise law in dubai the united kingdom singapore and india. he manages a multi-jurisdictional law firm practice providing analysis and counselling on complex legal documents and policies including but not limited to corporate matters commercial transactions banking and finance property and construction real estates acquisitions mergers and acquisitions financial restructuring arbitration and mediation family matters general crime and litigation issues. visit www.amalawyers.com for further information. readers may e-mail their questions to: news?khaleejtimes.com or send them to legal view khaleej times po box 11243 dubai


 


Khaleej Times




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