(MENAFN- Khaleej Times) Wife cannot demand separate accommodation if arrangement doesnt harm her or children
Dubai: The Dubai Court of Cassation has ruled that a husband has the right to live with his parents and his wife and children in the same house as long as there is no harm to the wife or children. If he has another wife that woman and his children with her may also live in the same house.
The top court clarified this while quashing the verdicts of lower courts which had ruled in favour of a woman who filed a suit claiming that it is her right to live in a separate house with her husband and children. She said her husband allowed his mother and sister to live with them in the same house.
In the suit the woman demanded the court to make it mandatory for the husband to pay the expenses of her as well as their two daughters. She also asked the court to be allowed to live in their house in which she had invested Dh50000 with her husband and children.
In her suit she said she is his wife as per the Shariah contract and gave birth to two girls. “I was surprised when my in-laws moved in to share the house with us and it is my right to live in a separate house. My husband turned down my request and refrained from spending on me and our two daughters” she told the court.
The Court of First Instance ordered the husband to spend on her and their two children and also mandated him to enable her to live with him and their children in the house without his mother and sister.
He appealed the verdict and the Court of Appeals upheld the lower court’s ruling.
The husband then submitted a request to the public prosecutor to move the apex court contesting the lower courts’ ruling.
The request was studied and reviewed by Tariq Ahmed Al Naqabi Assistant Chief Prosecutor at the Civil Prosecution. The prosecution found that the verdict misinterpreted the law by ruling that the wife has the right to an independent matrimonial accommodation for her her husband and their two children without the presence of her husband’s mother and sister in contravention of Article 1/76 of the personal cases law.
The application was shown to Dubai Attorney-General Issam Issa Al Humaidan who approved it and an appeal was filed in the Court of Cassation as per Article 174 of the Civil Procedures Law which allows such an appeal in the interest of the law.
The top court on the basis of the contest put forward by the Attorney-General ruled that the husband has the right to allow his parents siblings and his another wife and children to live in his house along with his wife and children as long as he is spending on the latter provided that the arrangement does not harm or damage the wife or children.
salahkhaleejtimes.com