Ask Elhais

Question:

I married last year in Dubai Court to Moroccan wife. And I am Indian, last year in December I call her on residence visa and she stayed here with me in UAE for 8 months then she gone to morocco 2 months back and while talking on WhatsApp in some heated arguments I said in anger to her to leave me, but I didn’t said her word of talaq. I said to her you and your family are playing with me and making a problem for me. so after 7 days, she sends me a message that she gone to a lawyer and submitted a paper to leave me. And also she said that she obtained some report from a doctor of morocco that I beat her, and many other things, and she has given to lawyer of morocco. Right from the beginning of marriage she always takes money from me and also when she send a message, she said because you said to leave I gone to a lawyer and also you have to pay the fees of a lawyer, I said why I have to pay money to your lawyer and also I said I say that in anger I don’t mean you to leave me, I ask her 2 times to come back she said no I will not, she said she already submitted paper and she is threatening me that court of morocco will take care of this case and she blocks me. Does she can harm me by morocco court and as per her behaviour she is demanding money from me. In these consequences what I can do ??? I have a marriage certificate from Dubai Court .

Answer:

Whereas a wife may request for Khulaa if there is no spark of love in the marriage, however, if there is no harm sustained in the marriage, the court has the absolute discretion if the husband does not want to give her a divorce. I would like to schedule a detailed consultation with you to guide you on your legal position and advise you on the possible legal recourse at your disposal.

We can schedule a consultation for you via Zoom call if you are not in Dubai presently.

Please provide us with your confirmation and we will guide you accordingly on how to proceed.

Should you have any questions, please do not hesitate to contact us.

Looking forward to hearing from you.

Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE.
To know more information about this law, please feel free to click this link.