RAK Court upholds wife-initiated divorce, rejects Dh200,000 claim

Ras Al Khaimah: The Ras Al Khaimah Court of Appeal has upheld a divorce initiated by a wife, affirming earlier findings that the marriage had irretrievably broken down and rejecting the husband’s demand for Dh200,000 in compensation, while maintaining financial support and custody arrangements for their ten children.

The ruling reinforces a prior judgment by the Court of First Instance, which granted the divorce, awarded the mother full custody, and imposed extensive financial obligations on the father in line with the children’s needs and welfare.

The case stems from the collapse of a marriage that lasted more than a decade and resulted in ten children, now ranging from infants to early teenagers. In addition to raising her own children, the woman also took on the responsibility of caring for five children from her husband’s previous marriage, all of whom lived with the family.

Court records show she left her job as a teacher to devote herself fully to raising and supporting the household, managing the upbringing, education and day-to-day needs of up to 15 children over the years.

In her testimony, the wife described a prolonged period of emotional and psychological hardship, alleging repeated verbal abuse, humiliation and instances of physical aggression, including being pushed in front of the children. She told the court she had reached a point of complete emotional detachment, saying she could no longer continue the marriage.

She also cited social isolation, claiming her movements were restricted and she was prevented from visiting her family, even during critical moments such as the death of her brother.

Financial exploitation formed a key part of her case. She said that while employed, her husband controlled her salary without justification, and after she stopped working to care for the children, he failed to provide even modest financial support despite earning a substantial monthly income.

The wife further raised concerns of medical neglect, stating she was denied necessary treatment for a health condition on the grounds that it might limit her ability to have more children, despite medical advice.

Representing the wife, lawyer Hanan Salem Al Shimili played a pivotal role in securing the ruling. She argued that the marriage had become impossible to sustain, presenting evidence of sustained harm, coercive control and financial deprivation.

Her defence emphasised that her client had already waived all key financial rights - including deferred dowry and post-divorce entitlements - as part of the divorce initiated by her, making the husband’s demand for Dh200,000 legally unfounded. The court accepted this argument, describing his insistence as unreasonable and lacking basis in law.

The legal team also successfully opposed the husband’s attempt to introduce additional financial claims during the appeal stage and rejected calls for reconciliation measures, arguing that the breakdown of the relationship was absolute.

In its reasoning, the court relied on UAE Decree-Law No. 41 of 2024 on Personal Status, reflecting a shift towards a more structured and codified approach in family law cases.

The court stressed that compelling a spouse to remain in a marriage against their will is incompatible with legal and social principles, confirming that the relationship had broken down beyond repair. The divorce was issued as final and irrevocable.

Applying the “best interests of the child” principle, the court awarded full custody of the ten children to the mother, along with educational guardianship, granting her authority over schooling and daily affairs.

The father was ordered to hand over all official documents related to the children, including identification and personal records.

The court upheld a detailed financial framework based on the father’s verified income, ordering him to pay Dh9,000 per month in child support, Dh46,000 annually as a housing allowance, and Dh20,000 as a one-time furnishing allowance.

He was also directed to cover additional expenses, including domestic help, school fees, supplies, transportation and clothing, with certain education-related costs limited to children of school age.

The court firmly rejected the husband’s demand for Dh200,000 as compensation for the divorce, ruling that the wife’s waiver of her financial rights constituted fair and sufficient consideration under the circumstances.

It also clarified that determining such compensation falls within the court’s discretionary authority, based on the facts and duration of the marriage, and is not bound by the amounts claimed by either party.

While noting that the husband has a total of 15 children, including five from a previous marriage, the court confirmed that custody and maintenance orders in this case apply only to the ten children from the current marriage — despite the wife having played a significant role in raising all of them.