Wives claim to have been beaten to obtain a divorce

The legal advisor, lawyer Abdullah Al-Hamdani, said, in a research he prepared on the phenomenon of wife beating, that many wives resort, before filing a divorce lawsuit, to prepare for the lawsuit by filing a criminal lawsuit against the husband on charges of beating, stressing that it was observed that the medical reports attached to the papers of many cases contain Exaggeration and unreal exaggeration, to the point that one of the government hospitals issued a medical report from the orthopedic department stating that the patient’s psychological condition had deteriorated, which confirms that wives resort to issuing the medical report to obtain a divorce due to harm. And retaining the rights resulting from this divorce, such as the right to custody and the expenses that follow, etc.

Al-Hamdani pointed out that the presence of judges who decide on beating cases without verifying the accuracy of medical reports makes it easier for them to get what they seek.

He stressed that the circumstances of several cases, examined by the competent courts within the country, revealed that women resorted to claiming that they had been beaten by their husbands to obtain a divorce from them, after disagreements occurred between them and each party insisted on its position, and judicial rulings refused to consider the medical reports attached to the case papers. Evidence that the husband committed an act of severe beating, pointing out that the court corridors are crowded with this type of lawsuit, and at the same time the wife is proceeding with another lawsuit to obtain a divorce due to harm, using the first lawsuit. To support the second lawsuit, the two lawsuits are considered in parallel, which requires straightening the balance of justice between the husband and wife.

Al-Hamdani pointed out that he noticed in some cases that there are judges who decide on a case of battery without verifying the validity of the medical report, or discussing the plaintiff (the complaining wife). Rather, they are satisfied with what was stated in the evidence report, or the investigation that was conducted with the knowledge of the Public Prosecution, in addition to not Taking into account the attempt to reconcile the spouses, which may lead to the husband being sentenced to imprisonment or a fine. Thus, he becomes convicted, and the wife has the right to file a civil lawsuit to demand financial compensation. This ruling also helps her obtain a divorce due to harm, and retain the rights related to it.

The Federal Supreme Court overturned a ruling issued by a court of first instance in Sharjah that fined a husband a sum of money for beating his wife, and considered that the beating he used was not for the purpose of physical harm or humiliation, but rather for the purpose of acceptable discipline by means permitted by Sharia law.

She said that Article 53/1 of the Code of Criminal Procedure stipulates that there is no crime if beating occurs with good intent in exercise of a right established by law.

Within the scope of this right, the husband’s discipline of his wife, children, and those of similar status is considered a matter of exercising the right granted to him by law and law, and since the facts of the case indicate that the husband’s beating of his wife came after she had inflicted insults and insults on him, his non-excruciating beating of her is considered discipline, and as a result, he will not be punished. It is legally binding.

Al-Hamdani continued that the Federal Supreme Court issued a ruling some time ago punishing a husband who hit his wife with an aqal, and rejected the husband’s defense, who said that he only pushed his wife while she was the one who injured herself in order to obtain a divorce. The Public Prosecution had charged the husband with assaulting his wife’s safety and causing her several injuries, including bruises in the legs and left thigh that may have been the result of being beaten with a headband, which prevented her from carrying out her personal duties for a period not exceeding 20 days. The Public Prosecution demanded that the husband be punished in accordance with the provisions of Sharia. According to the provisions of Article 339/2 of the Federal Penal Code, the Abu Dhabi Sharia Court of First Instance fined the accused 100 dirhams. The husband appealed the ruling before the Sharia Court of Appeal, which in turn ruled to uphold the ruling. In his appeal before the Federal Supreme Court, the court upheld the previous ruling, considering it based on solid evidence.

In another case, a wife went to a hospital to obtain a medical report of an assault on her without accusing anyone. After seven months, a dispute arose between her and her husband due to the husband’s desire to marry another woman. She used the medical report, accusing the husband of assaulting her by beating her, despite the laxity in her behavior. Reporting for nearly half a year and the medical report and anecdotal evidence did not match, but the court issued a ruling against the husband with imprisonment, a fine, and suspension of the prison sentence.

The Court of Appeal also ruled to acquit a husband after issuing a preliminary ruling against him with imprisonment and a fine on charges of assaulting his wife. The facts of the case are that the husband returned from work to find his daughter sleeping in his place next to his wife. He asked her to return to her room, but she refused, and the mother joined her daughter and they quarreled. With her husband, the husband took his daughter out by grabbing her by the hand and taking her out of the room. His wife assaulted him, and she admitted to this in the lawsuit papers, but the medical report that she attached to the lawsuit stated She was beaten, which prompted the court to issue its ruling, which the Court of Appeal overturned against him.

The Personal Status Court in the Ras Al Khaimah Courts Department also issued a ruling to divorce a female citizen from her husband, after she submitted a medical report from the hospital stating that she had been subjected to beatings that led to damages, after the judge failed to reconcile the spouses by referring the case file to the Family Guidance and Reconciliation Department, as the wife insisted on obtaining She filed for divorce, confirming that she was subjected to constant beatings and insults without any reason. The court rejected the husband’s request for marital obedience against his wife.

Al-Hamdani said that there are multiple forms of malicious allegations that were discovered during the examination of the cases, including a wife deliberately receiving a beating from one of her friends, or from someone from her family, and then going to the police station to open a criminal report against the husband. Despite the oaths that the husband may take not to hit his wife, his words are not taken into account, and he is convicted of assaulting the wife. Al-Hamdani stated that Article (53) of the Penal Code stipulates that there is no crime if the act occurs with good intentions, in use of a right established by law within the scope of this right. The use of the right is considered the husband disciplining his wife and disciplining the children within the limits of what is approved by Sharia or law.

Al-Hamdani stressed the importance of setting rules that specify how to verify the incident of beating, how it occurred, and the reasons that led to it, so that the beating lawsuit is not a sword hanging over the necks of husbands.