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Abu Dhabi, UAEMonday 25 June 2018

UAE family matters Q&As: what can I do about my wife who is trying to physically fight me?

A reader asks how to report his wife who is attempting to physically fight him and another asks what her rights are against her husband who left her

I am a married Asian man and my wife is always trying to physically fight with me. What can I do to report her?

If you have the medical proof or witnesses or admission by your wife or any other kind of accepted evidences, you may file for a criminal case in the nearest police station.

She shall face criminal investigation prior to being transferred to the criminal courts. In case she is found guilty, she could face a jail sentence or a fine. The courts also have the discretionary power to add deportation sentence in accordance with Article 121 of UAE Penal Code, Federal Law No. 3 of 1987.

The best time to file a criminal case is within the first 3 months of the act of physical violence.

My husband left me without any income and is now living with a male friend of his. I have to bear all the expenses alone. He is also threatening me that he will create problems for me. I want to know how I can protect myself.

We are sorry to know about your situation. It’s your husband’s liability to fully cover your financial expenses. The expenses would include your housing, food, clothes, medication in accordance with UAE Personal Status Law No. 28 of 2005, Article No. 63, which stipulates the following:

“1. Alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if she is performing such services within her family, and all what the conjugal relationship kindly requires.

2. In assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it does not fall below the sufficiency level.

3. In adjudging alimonies of all kinds, fostering and dwelling charges and all conditions on which depends adjudging all these, eye-witnessing shall suffice.”

Also, Article 74 of the same law, states that “The husband is under obligation to prepare for his wife, at his domicile, a convenient dwelling commensurate with their standing.”

In case your husband does not fulfil these obligations, you have the right to file a personal status case against him, requesting the court to enforce him to fulfil his financial liabilities, with a back dated effect up to 36 months.

If you have a question for our legal consultant, email media@professionallawyer.me with the subject line "Family Matters".

Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.