UAE Supreme Court overturns divorce ruling, says harm not proven

Dubai: The UAE’s Federal Supreme Court has overturned a ruling that ordered the divorce of a woman from her husband on grounds of harm, finding that the alleged damage was not legally established and that the husband remained committed to preserving his family and continuing marital life.

In its reasoning, the court said that the family constitutes the foundational unit of society, noting that its stability is essential to social cohesion, while its disintegration weakens the social fabric. 

According to Emarat Al Youm, the court stressed that marriage is built on mutual affection, compassion, good treatment and reciprocal obligations between spouses.

The case centred on a lawsuit filed by a woman seeking divorce on the grounds of harm, discord, abandonment and failure to provide financial support. 

She also demanded financial and custodial claims, including deferred dowry payments, maintenance during the waiting period, child custody and related allowances, housing, utilities, domestic help, healthcare coverage for the child, and compensation for legal fees.

In her filing, the woman stated that she was legally married to the defendant and that they had a four-year-old daughter, alleging that her husband had caused her harm that was neither religiously permissible nor socially acceptable.

The husband, through his legal representative, rejected the claims and submitted a counter-lawsuit seeking to suspend his wife’s spousal maintenance, arguing that she had refused to comply with a prior court ruling obliging her to return to the marital home and allow him access to their daughter, whom he said he had not seen for five months.

He maintained that he had provided a legally adequate marital residence and had previously secured a court order compelling his wife to obey marital obligations. He argued that she had repeatedly left the marital home, refused cohabitation and prevented him from seeing their child, despite judicial rulings in his favour.

At first instance, the court rejected the divorce request, citing insufficient proof of harm, while increasing child maintenance payments. It also ruled to suspend the wife’s spousal maintenance in the counterclaim.

However, the Court of Appeal reversed that decision, ordering an irrevocable divorce for harm and awarding the wife extensive financial and custodial rights, including child custody, housing, maintenance, furnishing expenses and official documentation for the child.

The husband subsequently challenged the ruling before the Federal Supreme Court, arguing that the appellate judgment violated Islamic law and statutory provisions by ordering divorce without lawful justification. He asserted that no harm had been proven, that reconciliation remained possible, and that he had consistently demonstrated good conduct and commitment to his wife, child and family life.

He further argued that the court had disregarded evidence confirming the suitability of the marital residence, including findings by a court-appointed inspection committee, and had failed to consider that the wife had never occupied the property despite earlier approval. He said that claims of uninhabitability due to lack of maintenance were unfounded, noting that the home had remained vacant for years and that he had since provided an alternative, fully furnished residence.

The Federal Supreme Court upheld the husband’s appeal, reaffirming that under the Personal Status Law, divorce for harm may only be granted if the damage is proven and reconciliation is deemed impossible. Where harm is not established, the court is required to dismiss the claim.

The court added that if marital discord persists after such a dismissal, either party may file a new case after the judgment becomes final or after six months, unless new harm or material changes arise. In such circumstances, the law requires arbitration through appointed family representatives before divorce may be considered.

Concluding that the appellate court had erred in assessing the facts, evidence and legal standards, the Federal Supreme Court annulled the divorce ruling, reinforcing the principle that family preservation remains a core objective of the law where reconciliation is still achievable.