Divorce suit can be rejected in UAE under these conditions
I am a Muslim and I have a Muslim wife. I have a son who is ten years old and two daughters, aged 18 and 19 years. Currently, my wife is requesting for a divorce without any reason or any failure on my part. I provide appropriate housing and spend on the household. My question is: Will the Sharia Court respond to my wife’s request and order me to divorce her, knowing that I did not want a divorce? If my wife is divorced, do I have the right to take my children from her and raise them? Please advise.
According to Article 118 of the Personal Status Law, if the prejudice is not established and the wife has no valid reason to seek divorce, then the lawsuit shall be rejected. If the discordance is still continuing between the spouses, then the aggrieved party may file a new lawsuit. If the Family Orientation Committee and the judge are not successful in reconciling them, the judge shall issue a judgement appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate for the next hearing, at the most, an arbitrator from either side from his and her parents. Otherwise, appoint arbitrators from among those who have the experience and ability to reconcile such issues. The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile the spouses.
If the two arbitrators fail to reconcile the spouses, the court shall present the arbitrators’ recommendations to the spouses and invite them to reconcile before issuing the judgement of separation, taking into consideration whether the offence is entirely or partially on the husband’s part or the wife’s part and whether separation has been sought by the wife or by the husband or by both. The wife may also request for Divorce by Agreement (Khul’) and the court may respond to her request. It is up to the court to decide whether divorce can be allowed or not, according to the circumstances of the case and the claim requests and evidences presented.
Regarding children’s custody, it is a mother’s right established for her from the date of birth of the child and until the date determined for the expiration of such custody, which must be in accordance with the provisions of Article 156 of the law, that is, when the male child reaches 11 years of age and the female child reaches 13 years of age — unless the court decides to extend that age-limit for the benefit of the child and until the male child reaches the age of maturity and the female child is married.
In this case, since the boy is ten years old, the mother shall retain his custody, but not that of the two girls who are already 18 and 19. So far as you are concerned, you may request for the custody of your son if you can prove that the mother is not capable of the custody, thereby leaving the matter to the court to decide. But you must have around you a woman who is able to be a fosterer.
Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants