Wife’s polygamy claim rejected by top court

A UAE woman who successfully filed for divorce after her husband married a second woman had the decision revoked by the Federal Supreme Court.

Documents revealed the mother claimed her marriage had been irretrievably damaged after her husband took another wife.

According to lawyers, the wife was initially granted a divorce as well as custody of the couple’s children and expenses for a maid.

But when the husband appealed against the decision, judges in Abu Dhabi found in his favour and ruled that polygamy did not constitute grounds for a split.

“She [the wife] had testified that he [the husband] was treating her well and with kindness,” the court found.

“Therefore, the earlier verdict mistakenly analysed the circumstances and built the judgment on insufficient reasons. [They] contradicted with Sharia, which required the divorce to be revoked.”

Under UAE law, if one party in a marriage files for divorce the couple first have to undergo efforts to reconcile their differences.

The woman rebuffed efforts to continue the relationship and it was agreed the divorce should go ahead.

The case was initially heard by the Court of First Instance, which granted the separation.

Later, the husband challenged the verdict, arguing that no damage to the marriage could have taken place as a result of his second wife.

He said he had a legal right to marry again and the Federal Supreme Court agreed.

“The couple live in harmony and there was no proof of damage except from claims made by the wife,” court documents said.