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Abu Dhabi, UAEWednesday 19 September 2018

UAE legal Q&As: can I drop a case my sister and I filed against my husband if she refuses?

A reader asks if she can drop a case she and her sister filed against her husband without her sister's consent and another asks what their rights are against a company refusing to pay for provided services

I am Asian. My husband and I live in the UAE together and we do not have children. Once when my husband and I were arguing, in the presence of my sister, he hit us both. We both have medical reports and both filed a criminal case against him. After he apologised to us I agreed to drop the case but my sister is refusing. Can I drop the case without her consent or is her acceptance is essential? Do I have to drop the case personally or can I ask my lawyer to do it on my behalf?

In general, you can submit the release, personally or through your lawyer if he has a Power of Attorney authorising you to do the same. It is a right of the victim, in cases like yours, to drop the charges against her husband in accordance with Article 16 of Criminal Procedure Law No 35 and its amendments.

However, the same law requires, in case all victims are not waiving their rights, that your waiver shall not create any impact, as per Article 16/2 of the same law.

We are a transport company and provided services to a client for a shipment from UAE to KSA. We have copies of our email communication and the agreed rates but the company is yet to paying us the invoiced amount for more than eight months. We have been advised that the cheque is ready and it’s with the authorized signaturee but not signed yet. The same excuse is given to us every time we contact them. They have never refused to pay us the money but are not paying us either. Please advise.

The key point is you have to first decide where to file your case and which court will have the jurisdiction to decide in your case, whether it would be Saudi Arabian courts or UAE courts.

Jurisdiction normally shall be given to the courts where the respondent is located, which means in your case you have to file in Saudi Arabia, not in the UAE. However, if the contract was signed in the UAE or if the supply of the material is executing the contract in the UAE you may still have a chance to file your case in the UAE.

In case you file your claim, you may depend on the invoices, LPOs, delivery notes, bill of loading, undersigned contracts if there are any. The emails where they admitted they have to pay you the money is very strong evidence and has to be used to support your claim.

If you have a question for our lawyer, please email it to newsdesk@thenational.ae with the subject line “Know the law”.

Our legal consultant

Name: Hassan Mohsen Elhais

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

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