Husband attacks wife, causing fractured teeth and deep tongue cut
Court says final criminal conviction established the assault and husband’s responsibility
Abu Dhabi: A woman who suffered a deep cut to her tongue, fractured upper front teeth and bruising to her right shoulder after being assaulted by her husband has been awarded Dh50,000 in compensation by the Al Dhafra Court of First Instance.
The court said a final criminal judgment convicting the husband was binding on the civil proceedings in establishing that the assault had taken place and that he was responsible for it, Emarat Al Youm reported.
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It also found that the elements required for civil liability, wrongdoing, damage and a causal link between the two, had been established.
The woman had filed a lawsuit against her husband, an African national, seeking Dh100,000 in compensation for material, psychological, physical and cosmetic harm resulting from the assault.
She also sought statutory late-payment interest of 5 per cent a year, along with court costs and lawyers’ fees.
According to the case, the husband entered her room and struck her in the face and body following an argument, causing injuries that were documented in a medical report.
He had previously been convicted in the criminal case of assault causing bodily harm and sentenced to two months in prison, with the sentence suspended, and fined Dh10,000. The civil claim was referred to the competent court.
The husband asked the civil court to dismiss the lawsuit, arguing that the wife had failed to establish the extent and value of the alleged damage or provide sufficient evidence of the material and future losses on which her Dh100,000 claim was based.
In its reasoning, the court said the unlawful act forming the basis of the criminal proceedings was the same act on which the wife’s civil claim relied.
Because the criminal judgment had become final, the court said it conclusively established the occurrence of the assault, its legal character and the husband’s responsibility for it.
The medical report showed that the wife suffered a deep cut to her tongue, fractures to her upper front teeth and bruising to her right shoulder. The court said the injuries constituted compensable harm directly resulting from the assault.
It also found that the incident caused her psychological and emotional suffering, for which the husband was likewise legally required to compensate her.
The court ordered him to pay Dh50,000 in material and moral damages, together with late-payment interest of 4 per cent a year until the amount is paid in full.
He was also ordered to pay court costs and Dh200 in lawyers’ fees.
