ABU DHABI // The Cassation Court has refused to grant a divorce to a wife who said she could “no longer stand” her husband.
The woman filed a divorce lawsuit for damages against her husband, whom she claimed abandoned her for hours at a time without telling her where he had gone.
She also claimed that he was gay and had photos of naked women of different nationalities on his smartphone.
The wife said it was impossible to continue living with him as a married couple after his mistreatment of her, and that she could no longer stand his presence.
He had also stopped giving her money, she claimed.
She asked the court to grant the divorce and order him to pay her a monthly allowance, a divorce dowry and a marriage allowance for the four months prior to the lawsuit.
The Personal Affairs Court of First Instance rejected the case and ordered her to pay the legal fees.
But in the Appeals Court, it was ruled that the husband should pay her Dh2,000 a month and the legal fees. Still unsatisfied, the wife went to the Cassation Court.
She said that reconciliation with her husband was now impossible and that she had been living in her parents’ house for some time.
It was argued that the decision was invalid because the case had not been referred to two referees to investigate the reasons behind the dispute, as was required in the Personal Affairs law.
She also claimed that the Dh2,000 monthly allowance awarded did not match the amount she had been paid for more than three years.
The court said that the law stated that damages should be proven through forensic evidence, or the testimonies of two or more witnesses who were neighbours or relatives.
But the woman did not present any evidence for her claims.
The court said it had the complete authority to decide what amounts were suitable and took the parties’ financial situation into account when it made its ruling.
It rejected her appeal and ordered her to pay the legal fees.
hdajani@thenational.ae
