Man ordered to return 200,000 dirhams he borrowed from his ex-wife during marriage

The Fujairah Federal Court has ordered a man to pay his ex-wife 200,000 dirhams, which he borrowed from her during their marriage, and to allow his ex-wife to see their young children every Saturday.

In the details, a woman filed a lawsuit in the Fujairah Federal Court, demanding that her ex-husband be obligated to pay her the sum of 200 thousand dirhams, which she lent him during their marriage, which ended with her ex-husband obtaining a divorce ruling due to harm. She also demanded that she be allowed to see her seven children every week from Friday at 4 pm with an overnight stay until Saturday at 4 pm.

She stated in her lawsuit that she was the defendant’s wife according to a valid legal contract issued by the Fujairah Court, and that she had seven children from him. The defendant took custody of the children after the divorce pursuant to a final ruling issued by the court, noting that since the ruling was issued, the defendant has refused to allow her to see her children.

She added that the defendant borrowed 200 thousand dirhams from her during their married life, and pledged to return the amount to her upon request, and put his fingerprint at the bottom of the debt declaration.

The case was heard in the sessions as recorded in its minutes. The plaintiff attended with a representative, and the defendant attended in person with a lawyer. Each of them submitted a memorandum and a file to the court. The defendant, who was present in person, decided that he did not owe the plaintiff the amount that was the subject of the acknowledgment, and that the fingerprint signature affixed to the acknowledgment was not his signature. He requested that the original decision be referred to the forensic laboratory.

Before ruling on the subject matter, the court decided to assign the forensic laboratory to carry out the mission stated in the ruling. The expert carried out the mission and deposited his report in the case file, in which he concluded that the fingerprint affixed to the bottom of the debt declaration matches exactly the fingerprint of the defendant’s left thumb.

The court stated regarding the request for visitation that it is legally established, and according to the text of Article 1/154 of the Personal Status Law, that “if the child in custody is in the custody of one of the parents, the other has the right to visit him, take him with him and accompany him as the judge decides, provided that the place, time and person responsible for bringing the child in custody are specified. It is established in Islamic jurisprudence and the judiciary that seeing the child is a right established for each of his parents, because it is a matter of maintaining kinship ties that God has commanded to be maintained, and depriving one of them of that is a harm that God has forbidden.”

The court ruled that the defendant must enable the plaintiff to see her young children only on Saturdays of each week, from 10:00 a.m. to 8:00 p.m., with accompanying her, and that she must receive them from in front of his residence and return them to him at the specified time and place. The court also ordered the defendant to pay the plaintiff the sum of 200,000 dirhams and legal interest at a rate of 9% annually from the date of the legal claim until full payment. It also ordered him to pay the fees and expenses of the legal case and attorney fees, and rejected all other requests.