UAE | Crime

Wife acquitted of whacking husband with stick in Hatta

Her lawyer says husband made up allegation after she filed a complaint against him

  • By Bassam Za’za’, Legal and Court Correspondent
  • Published: 19:44 April 1, 2013
  • Gulf News

Dubai: A wife has been cleared of whacking her husband with a bamboo stick following a family dispute at their home in Hatta.

Citing lack of corroborated and inconsistent evidence, the Dubai Appeal Court recently acquitted the Emirati wife of beating her husband with the bamboo stick and breaking it on his back.

Court records said the husband and his wife were having a heated argument that developed into fight before the couple attacked each other.

“The husband lodged his complaint out of malice because his wife complained against him first that he beat, cursed and threatened her. The husband alleged that my client whacked him with the bamboo stick and broke it over his back. This is illogical and baseless. My client did not beat him, actually he is the one who slapped and beat her. The husband initiated the assault and he even threatened my client,” said the wife’s advocate Rashid Tahlak, of Rashid Tahlak Advocates and Legal Consultants.

In a separate case, prosecutors accused the husband of beating and cursing his wife. He was also charged with threatening her if she refused to drop her complaint.

The Dubai Court of First Instance convicted the husband and sentenced him to three months in jail. The appeal court confirmed the three-month imprisonment against him.

Advocate Tahlak contended before the appellate court that the husband gave an inconsistent statement and his allegations were groundless.

“The medical check up form which the husband submitted to court did not mention or confirm that he was beaten with a stick on his back. My client called the police first and complained that her husband beat her. She obtained form the police a medical check up form and a medical report. She submitted the report and the form to verify that she was beaten and injured by her husband. On the other hand, the husband is a policeman and is aware of the legal procedures — why didn’t he obtain a medical report and only provided the court with the form?” argued the advocate.

The Dubai Misdemeanour Court fined the wife Dh500. She appealed the primary judgment and entered an innocent plea before the appellate court.

Advocate Tahlak argued before presiding judge Saeed Salem Bin Sarm: “The husband claimed that when his wife beat him with the stick, he took the stick from her and broke it on her back. How could that be true or logical when the medical report confirmed that my client sustained injuries in her arms and head? The report did not mention anything about any injury in her back. This proves that the husband lied.”

The appeal court recently cancelled the primary judgment [Dh500 fine] and acquitted the wife. The court also dismissed the husband’s civil lawsuit.

Gulf News