Ask Elhais

Question:

My husband had an affair with a married woman. They only had a “love affair” and did not have a sexual relationship. This woman and her husband are now getting a divorce and her husband is saying that he is going to sue my husband for adultery. (He first said that he has a open case in South Africa, but I know that you can not sue for adultery in S.A. anymore and he needs to get the UAE involved to strengthen his case) My question, will he be able to sue my husband for only having WhatsApp evidence of them chatting?

Answer:

To assess the potential case against your husband we need to assess the evidence and their applicability in the criminal complaint. Without reviewing the evidences we are not in a position to form any opinion on the matter. We are happy to have a consultation meeting at our office to discuss the merits of the case.

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