UAE: Woman demands divorce after husband secretly remarries

Question: I am a Muslim man married to a Muslim woman. A year ago, I married again, without my first wife’s knowledge. She discovered the marriage a month ago and left the house. She now wants to file a divorce due to prejudice.

Is she entitled to do so, according to the Personal Status Law? Do I have the right before the court to reject this case, and what is the action that can be taken against her until she returns home?

Answer: As a general rule, estimating the prejudice (harm) for which the wife seeks a divorce from her husband is something that the trial court is independent of.

Divorce for the reason of the second marriage is not stated in the Personal Status Law, but according to Article 117 of that law, the first wife has the right to request divorce for prejudice that is not permissible according to Islamic law, if the husband harmed her by any kind of intentional harm by word or deed, and that harm has different forms such as insults, beatings and abandonment.

It is sufficient to prove one of the forms of the prejudice, even if the harm is not repeated.

Such prejudice shall be proved by legitimate proof and the adjudications issued against any spouse.

Hearsay testimonies shall be accepted as the court may decide if a witness testifies that the spouses’ married life is known for prejudice.

You have the right to reject to divorce her and you may request the court to return her to the marital house by filing a marital obedience lawsuit but as mentioned above, the court will estimate the matter and decide about it.