Dubai: A mother has won custody of her two daughters in court despite her former husband accusing her of adultery and providing a court with photos allegedly showing her performing oral sex on another man.
The Dubai Cassation Court decided the age of the two girls (both under seven) spared them from being influenced by their mother's purported adultery.
The Cassation Court based its decision on the fact that the forensic report could not confirm the woman shown in the picture was the man's former wife and the Public Prosecution dropped the adultery charges against her for lack of corroborated evidence.
Records said the father sought guardianship of his two daughters, claiming he did not want the girls to be brought up by someone he described as a "bad adulteress mother who [allegedly] had multiple relationships with strangers".
During the trial the husband provided the court with a CD containing still images, he claimed, of his former wife performing oral sex on another man and video footage of her dancing naked for another man.
The husband claimed the CD contained audio recordings of the mother speaking dirty language over the phone. He also accused her of being a bad mother who frequently went out clubbing and drinking.
The ex-wife strongly denied the accusations and argued that she danced naked for him (when she was still his wife) because he had ordered her to do so after he threatened to divorce her.
Fabricated accusations
As for the photos of her performing oral sex, the mother claimed she did so with her former husband and not with a stranger.
The woman provided the court with previous judgments against her ex in which she showed he had fabricated accusations against his former and current wives who took him to Sharia Court.
On the other hand, the man sought the testimony of his second current wife who claimed the man in the photos was not her husband. The story dates back to 2008 when the woman lodged a lawsuit before the Sharia Court against the man (her then husband) demanding he pay Dh5,000 marriage allowance, Dh800 for a maid and Dh6,000 for food and clothing.
She also sought to retain custody of her daughters and demanded the man assist her in getting an Emirati passport. When the case reached the Appeal Court, the man lodged a counter lawsuit in which he asked the judge to strip her of the girls' guardianship for being a "bad mother".
The Cassation Court looked into all materials and documents presented and heard witnesses produced by both parties.
The court awarded custody to the mother because it could not be confirmed that she was an "adulteress" based on uncorroborated evidence and claims.
The man was ordered to pay the woman Dh3,000 every month as alimony as well as Dh3,000 a month for the girls. He was also ordered to issue an Emirati passport to the woman.