Source: Al Emarat Al Youm – Supreme Federal Court – Abu Dhabi
The Federal Supreme Court upheld a woman’s appeal against a ruling that rejected her khula (divorce) case, after she sought separation due to psychological and physical harm resulting from her husband’s abusive behavior. The court noted that the lower court’s ruling did not take into account the principles of Islamic balance, the psychological state of the spouses, or their social circumstances, nor was the case referred for investigation to prove the husband’s obstinacy, despite the wife’s insistence on this defense.
The wife had filed the case accusing her husband of beating, insulting, and slandering her, as well as threatening to evict her in front of their children. She also cited his failure to maintain justice between his wives and his abandonment of her, which made continued marital life impossible. She requested to establish custody of her children and to oblige him to pay the mandatory maintenance.
The husband, for his part, conditioned his acceptance of the khula on the full return of the dowry and the wife’s waiver of all her rights, which the wife considered an attempt to financially exploit her. She also pointed out that he has a criminal record proving his assault against her, which the lower court overlooked, rejecting her case without legitimate legal grounds.
The Federal Supreme Court clarified that khula is a legitimate right for a wife who cannot live with her husband, provided she pays a financial compensation (such as returning the dowry) while preserving the children’s rights to maintenance and custody. The court may also grant khula against appropriate compensation in case of the husband’s obstinacy. The court concluded that the lower court did not balance the parties’ legal rights and duties, nor adequately investigate the husband’s obstinacy, necessitating the annulment of the ruling and referral for reconsideration.