Wife’s appeal succeeds in UAE court over threats of polygamous cohabitation

Forcing co-wives to share home is psychological harm, says Fujairah Court

Last updated:
Huda Ata, Special to Gulf News
2 MIN READ
The dispute began as a domestic disagreement but escalated when the husband repeatedly expressed his intention to marry again and insisted that both wives live under one roof.
The dispute began as a domestic disagreement but escalated when the husband repeatedly expressed his intention to marry again and insisted that both wives live under one roof.
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Fujairah: A court in Fujairah has ruled in favour of a woman who filed a legal case against her husband, claiming that his repeated threats to marry another woman and force them to share the same home constituted psychological harm and endangered her family’s emotional well-being.

The appellate court overturned a previous ruling that had dismissed her request to stop her husband from accommodating a second wife in their shared home, according to an Emarat Al Youm report.

Citing Article 77 of the UAE’s Personal Status Law — which grants a wife the right to live in a residence not shared with another spouse — the court upheld this as a fundamental right enshrined in the marital contract.

According to court documents, the dispute began as a domestic disagreement but escalated when the husband repeatedly expressed his intention to marry again and insisted that both wives live under one roof.

In her legal filing, the wife argued that these were not idle threats but had become a form of psychological pressure and veiled intimidation, causing fear for her privacy and the emotional stability of her household, particularly for her children.

While the lower court initially dismissed this aspect of her claim, the wife appealed. Both parties were represented by legal counsel and submitted detailed written arguments before the case was closed for judgment.

The appellate court upheld the lower court’s rulings on financial obligations, which included Dh1,000 in monthly spousal support, Dh5,000 in monthly child support, the employment and salary of a domestic worker, and the transfer of identification documents for the children.

However, the court annulled the decision that allowed for the possibility of cohabitation with a second wife, affirming the wife’s exclusive right to the marital home.

In contrast, the court rejected the woman’s request to bar her husband’s relatives from entering the residence, stating that such an order is “not practically enforceable” and advising both parties to reach a mutual understanding in accordance with social customs and family ties.

The wife was ordered to pay court fees and Dh200 in legal costs.

- Huda Ata is an independent writer based in the UAE.

Huda AtaSpecial to Gulf News
Huda Ata is an independent writer based in the UAE.
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