UAE: A man files a lawsuit against his wife to prevent her from travelling

Asma Ahmed - | UAE

A man recently filed a compelling lawsuit at the Fujairah Federal Court, seeking an order that his wife be obliged to obey him in a reasonable manner.

Fujairah Federal Court Addresses Obedience and Travel Restrictions

The plaintiff, who is also the defendant's husband, requested the court mandate his wife to provide advice, guidance, and information about her husband's rights over her. He further urged a commitment to their marital home and sought to prevent her from unnecessary travel without his permission. The catalyst for the lawsuit was the wife's departure from the marital residence and her continuous travel, actions undertaken without the plaintiff's consent.

Court Sessions and Presentations

The plaintiff, acting through a proxy, and the defendant, appearing in person, presented the intricate details of their claims during the court sessions. The court attentively considered both sides of the argument.

Residence and Jurisdiction Challenges

Upon reviewing the lawsuit papers, the court discovered that the defendant resided in a different area, as per the lease contract submitted and finalised before the plaintiff initiated the legal proceedings. Notably, the papers lacked any indication of the defendant having a home or workplace in the Fujairah District. Consequently, the court concluded that, in line with the general rules of local jurisdiction, the plaintiff should have filed the lawsuit in the defendant's place of residence.

Referral to the Abu Dhabi Sharia Court

Based on the defendant's stated residency, the Fujairah Federal Court determined that it did not have the authority to consider the matter on a local level. The Abu Dhabi Sharia Court of First Instance was therefore designated as the recipient of the matter by the court. Adequate consideration of the matter and proper notification of all parties in line with legal processes are guaranteed by this phase.

The legal proceedings shed light on the complexity of marital disputes and the importance of jurisdictional considerations in addressing such cases effectively.

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Asma Ahmed
Asma Ahmed
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