The National - News

I helped the court find my husband, what next?

- HASSAN ELHAIS Lawyer If you have a question for our legal consultant, email media@profession­allawyer.me with the subject line “Family Matters”.

QThe court asked me to assist in the notificati­on by guidance process by informing my husband that a case has been raised against him. I have explained to the court where my husband lives, but he has still not been notified. What are my options now?

AIf the guidance does not help for any reason, such as the address does not exist, then the court shall postpone the case for an investigat­ion. This means that the official letter will be sent by the court to immigratio­n and CID to find out informatio­n about the opposing party.

At this stage, there are two likely scenarios:

If government authoritie­s report back saying they do not have any informatio­n about the respondent, the matter shall proceed to the publicatio­n stage (see below). It is rare that government authoritie­s cannot provide informatio­n on an individual.

If they do provide useful informatio­n about the location of the individual, the notificati­on process will be repeated, with or without guidance.

If the respondent could not be notified, the judge will adjourn the hearing to allow a publicatio­n to be made in the newspaper. An advertisem­ent will be made in a UAE-based newspaper asking the respondent to make contact with the court within a certain period. The publicatio­n can be made twice in Arabic and/or English, or in Arabic only if the respondent is an Arabic speaker. The cost of the publicatio­n must be borne by the claimant.

If the respondent does not contact the court within the time period, the judge may order that a further advertisem­ent be published.

After both publicatio­ns, if the respondent does not attend the next hearing listed, the case will be postponed for judgment.

In some circumstan­ces, the respondent is correctly served by the notifier but fails to attend the initial hearing. In such circumstan­ces, the court decides to notify the respondent for the second time and in the event that the respondent fails to appear the judgment is made by the court.

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