Ras Al Khaimah Court upholds wife’s right to support, rejects husband’s divorce claim

Ras Al Khaimah: The Court of Cassation has ruled in favour of a wife in a personal status case, confirming her right to financial support for herself and her children, and rejecting her husband’s appeal for divorce due to harm.

The Hanan Salem Al Shammili’s Law Firm, legal representative of the wife, began when she filed a lawsuit demanding spousal and child support, as well as housing. The husband responded with a counterclaim, seeking divorce on the grounds of harm.

He filed for divorce, citing that she had insulted him, evicted him from the house, changed the locks, and sent abusive messages via WhatsApp. The public prosecution subsequently fined her Dh 5,000.

The primary court ruled that the husband must pay the required expenses and dismissed his divorce claim. Both parties appealed. The Court of Appeal initially granted a divorce but removed the wife’s right to deferred  dowry, alimony during waiting period maintenance, while placing custody of the three eldest children with the appellant. It also canceled claims for monthly allowances, Eid clothing, transportation, and school supplies for the children.

The wife then appealed to the Court of Cassation, which reversed the appellate ruling. The highest court rejected the divorce claim and confirmed the husband’s financial obligations to his wife and five children.

Under the court’s decision, the husband must pay:

The court ordered the husband to pay: Dh1,300 in spousal support from the date the case was filed, Dh3,500 for all five children, 1,000 Dh for transportation, 600 Dh per child for annual school expenses, and Dh 500 per child for holiday clothing twice a year.

The case dates back to the couple’s marriage in 2006, which produced five children aged ( 17,16,13 9,7)  The wife had turned to family guidance authorities after her husband refused to provide safeguarding, married a second wife, and left her and the children without support despite his financial ability.