UAE: Fujairah court grants divorce after husband’s sorcery conviction

Fujairah: The Fujairah Court of Appeal has granted a woman a divorce after finding that her husband had turned to sorcery in an attempt to harm her, overturning an earlier decision that had denied her request.

The ruling was based on a final criminal judgment confirming the man’s conviction for practicing sorcery, which the judges said caused his wife emotional and psychological harm, making their life together unbearable.

The case began when the wife filed for divorce at the Court of First Instance. She accused her husband of neglecting the family, failing to provide financial support, preventing her from working, and subjecting her to repeated insults and physical abuse. She also said he threatened their children, warning them he would “disown their mother.”

The lower court ordered the husband to pay monthly support of Dh6,000 for the children, Dh1,500 for the wife, and Dh1,000 for a maid. He was also required to hand over the children’s passports and ID cards. However, the court rejected her plea for divorce, prompting her to appeal.

In her appeal, the wife presented the criminal court’s ruling against her husband, already upheld by the appeals court. She argued that his use of sorcery and modern technology to disrupt her life was clear evidence of harm.

She requested a divorce on grounds of harm and asked the court to compel her husband to provide an annual housing allowance of Dh50,000 to cover utilities and internet costs. She also sought a one-time payment of Dh25,000 for furnishing the home, Dh30,000 as deferred dowry, and various forms of alimony, including support during her waiting period and custody-related expenses.

The wife further demanded urgent alimony, allowances for Eid clothes, and Dh100,000 in compensation for psychological harm, in addition to obliging her husband to cover court fees, case expenses, and attorney’s fees.

The Court of Appeal referred to Article 71 of the Federal Personal Status Law No. 41 of 2024, which allows either spouse to request a divorce if harm makes marital life impossible. The judges explained that harm can be physical or emotional and does not need to be repeated to be considered serious.

In its ruling, the court stated that the husband’s actions—using sorcerers to harm his wife—were severe enough to violate her dignity and deprive her of peace of mind. It therefore overturned the earlier decision and issued a divorce in her favor.

The husband was ordered to pay Dh30,000 as deferred dowry, Dh10,000 as alimony, and Dh25,000 for furnishing the home. He must also provide an annual housing allowance of Dh50,000 and pay Dh500 per month as a custody allowance. Custody of the minor children was granted to the wife until they reach the legal age of custody.

The court also upheld the previous order requiring the husband to cover spousal and child expenses, the cost of hiring a maid, and to hand over all official documents of the children. Additionally, he was ordered to pay court fees and litigation expenses at both levels of trial, along with Dh500 in attorney’s fees.