Dubai: Man sues ex-wife seeking to reclaim part of dowry

Dubai: A man filed a lawsuit before a federal court seeking to reduce the financial obligations imposed on him for his ex wife and their child, while also demanding the return of Dh90,000 he said he paid as an additional amount on top of legally prescribed dowry, Emarat Al Youm reported.

The man argued that he now faces financial pressure after remarrying and taking on new family responsibilities and bank debts.

The court rejected his request to lower the childcare fee and dismissed his demand to recover Dh90,000, noting that he provided no proof that he had ever paid it.

According to court documents, the man married the defendant in a valid Islamic contract, and the couple had one child before divorcing through khul‘. Subsequent rulings set monthly child support at Dh3,000, covering housing, utilities, internet, gas, and an Dh8,000 furniture allowance. These rulings were upheld by the Courts of Appeal and Cassation and became final.

In his lawsuit, the man claimed financial hardship, citing his second marriage and additional children. He argued that his ex wife had received a government housing grant, which he believed should eliminate her entitlement to a housing allowance.

He asked the court to reduce the childcare fee from Dh500 to Dh300 per month, cancel holiday allowances, lower the child’s expenses from Dh3,000 to Dh1,000, remove the housing allowance, and order his ex wife to return the Dh90,000 he claimed to have paid beyond the dowry.

The mother attended the hearings and filed a counterclaim before withdrawing it. She asked the court to maintain the existing support orders, stressing that she continues to bear full responsibility for the child’s care and that the current amounts reflect actual needs. She acknowledged receiving a government housing unit but said that overall living costs remain high.

After reviewing the father’s salary certificate, the court found his income was not low and that his claim of financial distress was unconvincing. His bank debts were unexplained, and he had signed a lease for a new home costing more than Dh60,000 annually while supporting a second household.

Based on these findings, the court rejected his request to reduce the childcare fee or cancel holiday allowances, ruling that the existing amounts remain suitable given his income and circumstances.

Regarding the Dh90,000 he sought to reclaim, the man argued that it constituted an excess over the legal dowry limit. However, the court referred to Article 45 of the Personal Status Law, which states that the dowry belongs exclusively to the wife and she cannot be compelled to return it. Records showed she received Dh20,000 as advance dowry and had waived Dh30,000 of deferred dowry during the khul‘ proceedings. She denied receiving any additional payment, placing the burden of proof on the husband, who presented none.

The court ruled that his claim to recover the extra payment was unsupported.

In its final decision, the court cancelled the child’s housing allowance from the date of the claim, reduced monthly child support to Dh2,000 for all expenses except housing, and rejected the remainder of the man’s requests.