UAE: Woman demands action against husband for withdrawing support

Question: I am a Muslim woman married to a Muslim man. The problem is that my husband has not supported me for more than two years, and two months ago I left the house for this reason.

What action can I take against him to ensure that he provides support? Is it required that I return home first and then file a case for maintenance, or should I wait for the new personal status law to be implemented?

Answer: According to Article 124 of the Personal Status Law, abstention from support is one of the reasons for the woman to request divorce. If the present husband abstains from supporting his wife and he does not have apparent funds from which he can pay, within a short time the due alimony, the wife may ask for separation.

Should he allege insolvency but with no evidence, the judge shall order immediate divorce.

If he keeps silent as to his being solvent or insolvent and insists on non-support, even if there is evidence of his insolvency, the judge shall grant him a respite of not more than a month after which, if he does not comply with his duty of support, the judge shall order divorce.

Alimony to the wife is due as of the date of refrainment from payment as a debt on the husband, independently of a court judgment or agreement. The wife can request alimony for a past period not exceeding three years from the date of introducing action in court.

This alimony shall be forfeited in case the wife refuses to present herself to her husband without an excuse accepted by the Sharia or she abandons the conjugal domicile without an excuse accepted by the Sharia.

Based on this, the appropriate action to be taken is to return to your house and then file a case to be on the safe side.

There is no need to wait until the application of the new law, because the new law also gives the right of divorce to the woman with some differences in procedures.