Umm Al Quwain court tells wife to repay Dh200,000 after failed marriage

Dubai: The Federal Sharia Court of Umm Al Quwain has ruled that a woman must return nearly Dh200,000 to her former husband after finding her responsible for ending their marriage before it was consummated.

The Personal Status Court issued the verdict following a complex legal dispute in which both spouses filed for divorce, each blaming the other for the breakdown and demanding financial compensation.

Court documents showed that the couple entered a valid Islamic marriage contract in October 2024. However, the relationship collapsed before they began living together or holding a wedding ceremony.

The wife filed a lawsuit demanding divorce on grounds of harm, monthly maintenance of Dh3,000, deferred dowry, and financial support (iddah maintenance). She claimed that her husband failed to provide independent housing as agreed, refused to set a wedding date, and eventually cut off all communication with her and her family.

She argued that the couple had met privately on several occasions, establishing what Islamic law considers khulwa sahihah (valid seclusion), which she said entitled her to full marital rights.

The husband, represented by lawyer Hanan Salem Al Shimili, filed a counterclaim rejecting the wife’s allegations and asserting that she was responsible for the collapse of the marriage.

He maintained that no valid seclusion had taken place, that the marriage was never consummated, and that he had met all his obligations in good faith including paying the dowry and spending heavily on wedding preparations.

According to the case file, the husband had paid and spent more than Dh200,000, including Dh20,000 in dowry, Dh130,000 on gold, Dh30,000 on the engagement celebration. The husband had given his wife two necklaces as part of the gifts he presented to her one made of gold and the other from pearls. Along with other items such as perfumes and clothes, the total value of these gifts was estimated at around Dh20,000.

Al Shimili told the court that her client made every effort to provide appropriate accommodation and repeatedly attempted reconciliation, both personally and through the court. Despite this, the wife refused all housing options, including a separate annex at his family’s home near her family residence, insisting she preferred to remain with her parents.

During the proceedings, the husband also discovered that his wife had been previously married and divorced. This came to light through an official document submitted to the court confirming her prior divorce. The revelation, he said, caused him deep frustration and emotional harm, prompting him to file for divorce and demand compensation.

His lawyer noted that this was not the first time the woman had withdrawn from a marriage before consummation, suggesting a pattern of reluctance to fulfil marital obligations.

The wife maintained that the husband’s failure to provide a marital home and his refusal to continue communication forced her to seek the court’s intervention. She claimed that she was ready to proceed with the marriage but was effectively abandoned after the contract was signed.

She insisted that khulwa sahihah had occurred, making the marriage binding under Islamic law, and therefore she was entitled to maintenance and her deferred dowry.

After examining the evidence and witness testimonies, the court concluded that khulwa sahihah had indeed taken place twice once at the wife’s family home and once when the couple travelled together in a private vehicle.

However, the court determined that the wife was the party who chose to end the marriage. Evidence showed that the husband made repeated reconciliation efforts, provided financial support, and offered suitable accommodation, while the wife persistently refused to proceed.

The court ruled that the husband had acted in good faith and that the wife bore responsibility for terminating the marriage.

Final judgment

Accordingly, the court issued an irrevocable divorce and ordered:

•            The wife must return all financial amounts received, including the Dh20,000 dowry, Dh130,000 for gold, Dh30,000 engagement expenses, and Dh20,000 in gifts.

•            The husband must pay Dh2,000 per month in spousal maintenance from the date of the marriage contract until the divorce ruling became final, along with Dh9,000 for post-divorce housing during the iddah period ( waiting period).

•            Both parties are to bear their own legal costs.