08 April 2008

Divorced man ordered to pay child allowance

The Federal Supreme Court has ordered a divorced man to pay Dh1,500 to his ex-wife as child support allowance every month.

The woman had earlier filed for self-divorce in the Al Ain Shariah Court of First Instance demanding the estranged husband to provide a monthly child allowance of Dh4,500.

In her lawsuit, the woman said she had been bringing up the children on her own at first because it was she who had demanded divorce.

However, she was no longer able to meet the expenses of the children and that she had not officially assigned her uncle to finalise the self-divorce agreement with her former husband.

The Shariah Court as well as the Abu Dhabi Court of Appeal rejected the demand. She then approached the Supreme Court, which accepted her plea and referred the case back to the Court of Appeal.

Once again, the Court of Appeal ruled the divorce null and void as it took place through a non-designated representative of the wife. It also asked the woman to get back to her husband. The woman filed an appeal at the Supreme Court for the second time.

Her lawyer argued that the verdict declaring her divorce null and void is illegal as the Shariah laws stipulate that the couple in such cases must remain divorced even if the self-divorce procedures are not conducted in the legal manner.
The Supreme Court agreed with the argument and said that the self-divorce is final and the husband must pay a monthly child allowance of Dh1,500. Source

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