Dubai: A woman has been cleared of assaulting her husband, whom she is in the process of divorcing, and causing him a seven per cent permanent disability in his right hand.
The Emirati couple, who are going through a divorce case at Dubai Sharia Court, were accused of assaulting one another during an altercation when the wife tried to drive away with her children from their father’s home.
The husband and wife have a pending divorce case in court and the children are currently staying with their father at his residence in Hatta.
The woman visited the husband’s house to see her children, according to records, and when she tried to drive away with them, the husband stopped her from doing so.
The man allegedly rushed towards his wife’s car and banged on the window to stop her from driving away before she reportedly slammed the door on his hand in September 2017.
The husband then opened the door and assaulted his wife.
The wife told police that it was her husband who had beaten her up and the husband in turn filed a counter claim accusing his wife of assault.
On Tuesday, the Dubai Court of First Instance acquitted the wife of assaulting her husband and causing him a permanent disability citing uncorroborated evidence.
Presiding judge Mohammad Jamal also dismissed the husband’s civil lawsuit, in which he was seeking Dh21,000 in temporary compensation.
Presiding judge Jamal also referred the husband to the Dubai Misdemeanours Court where he will be tried for assaulting his wife and injuring her.
The wife had pleaded not guilty when she appeared in court.
The husband, who attended his court hearing on crutches, also pleaded not guilty.
The wife’s lawyer told presiding judge Jamal that the husband’s disability happened at a date previous to that of the assault and wasn’t caused by his client.
The lawyer argued that the husband sustained the injury earlier and was treated at a private hospital, from where he obtained a medical report and provided it to the court.
The husband’s sister-in-law claimed before prosecutors that the incident happened in the evening when the wife and her sister came to see the children.
“The wife, her sister and father came to the house to see the children … they were sitting in the majlis [side room]. Then I suddenly saw my mother-in-law [husband’s mother] running towards his room and calling him to come down quickly. Then I saw the husband and his mother running out to the front yard … meanwhile the wife, her sister, father and the children were in the vehicle. Once the wife started reversing the vehicle, the husband ran towards her and knocked at the window to make her stop the vehicle. The wife banged the vehicle’s door on her husband’s hand several times,” she alleged.
The wife told prosecutors that her husband dragged her out of the car and assaulted her.
However, the court acquitted the wife and referred the husband to the Misdemeanours Court citing jurisdictional considerations.