What are the legal actions if a wife caught her husband's infidelity?

family law


August 31, 2021



| Your comment matters, please click here to rate article!

Infidelity is one of the grounds for divorce and in fact it remains one of the major grounds for filing for divorce. That said, however, much depends on how infidelity can be proven before the courts.

In this article we would elucidate the various types of evidences that may be used before a personal status court in the UAE in order to establish infidelity:

  • Written communication: The Federal law no. (10) of 1992 on ‘Evidence in Civil and Commercial Transactions’ and its amendments (‘Evidence Law’) allows for all form of written communication exchanged between the parties to be submitted as evidence. Parties may submit relevant text messages, whatsapp messages, emails or social media postings or messages as the relevant proof. Article 17 (4) states, ‘ Electronic writings, correspondence, registers and documents having the same probative force given by this Law to formal and informal writings and correspondence, whenever it satisfies the conditions and provisions set forth in the Law on Electronic Transactions and Commerce. However, due care should be accorded to the fact that the said written form of evidences are submitted to the court only when such evidence is received directly on your phone or you might have received these evidences accidentally without an ill intent of breaching your spouse’s privacy. If ill intent is not established then pursuant to Article 34 of the Federal law no. 3 of 1987 promulgating the penal code and its amendments(‘Penal Code’), ‘Unless otherwise provided for in the law, shall not be considered an attempt to perpetrate a crime, neither the mere intention to commit it nor the preparatory acts thereto’.
  • Recordings: Recordings taken whether as audio or video recording cannot be submitted as evidence unless the consent of the person who is being recorded can be clearly established. Pursuant to article 378 of the Penal Code when the recordings are taken without consent it would be a punishable offence. Article 378 states, ‘Shall be subject to a jail sentence and to a fine, whoever violates the private or familial life of individuals, by perpetrating one of the following acts, unless authorized by law, or without the victim’s consent:
    • If he lends his ear, records or transmits, through an apparatus of any kind, conversations that took place in a private place or through the telephone or any other apparatus.
    • Captures or transmits, through any kind of apparatus, the picture of a person in a private place.
    • Should the acts, referred to in the two preceding paragraph, be perpetrated during a meeting in front of the attending persons, their consent shall be presumed.
    • Shall be sentenced to the same penalty, whoever publishes through any means of publicity, news or pictures or comments related to the secrecy of private or familial life of the individuals, even if correct.
    • Shall be subject to a jail sentence for a period not exceeding seven years and to a fine, the public servant who perpetrates one of the acts mentioned in the present article on the strength of the authority of his position.
    • The apparatuses and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and order shall be given to erase all relative recordings and destroy same.
  • Witnesses: Witnesses constitute a credible and highly important form of evidence before the courts. This is mainly so as the court can often derive an impartial understanding of the matter by hearing the witnesses and questioning them. A witness should be of 21 years of age and it is recommended that, if the party on whose behalf the witness is appearing is Muslim, the witnesses should also be Muslim. There should be either two male witnesses or one male and two female witnesses. The female witnesses are heard together while the male witnesses are heard separately. In the instance the assistance of legal translators are required the court will provide such arrangements as well.


Article 356 of the Federal law number 3 of 1987 promulgating the Penal Code and its amendments (‘Penal Code’) has been replaced by the virtue of the Federal Decree-Law No. 15/2020 (‘Amendment’). Prior to the amendment the said article criminalized adultery and read as “Anyone who indulges in an indecent crime of assault with a mutual consent shall be punished by way of imprisonment for a minimum period of 1 (one) year.” Pursuant to the amendment Article 356 has been amended and criminalizes act of voluntarily sexual intercourse only when the following conditions occur:

  • Voluntary sexual molestation shall be punished with imprisonment, if the age of the victim, whether male or female, is less than fourteen years, or if the crime is committed against a person whose will is not considered credible, due to young age, insanity or dementia.
  • If the perpetrator is one of the ascendents of the victim, or one of those responsible for his upbringing or care, or someone who has authority over

As discussed, certain types of evidences and practices are specifically disallowed in the UAE courts when proving infidelity. This is because the UAE laws are very stringent in terms of protection of privacy of an individual or family. It should be borne in mind that certain type of witnesses are specifically not allowed to represent the interests of a person before the court, due to their relation with the said person, such as parents. It is always advisable to obtain proper legal advise and ensure that you are not breaching any local laws.

Related Topics

Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.

Disclaimer: There have been recent changes/amendments in the provisions of the UAE Family Law covered in the content on this website. The views and opinions in the articles are contemporaneous with the time of its publication only and do not necessarily address any matters after the recent amendments of the law or supreme court decisions issued after the date of this publication. The content of this website contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this website. Each legal issue depends on its individual facts and different matters have different laws and regulations. We may make changes to the features, functionality or content of the website at any time.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client


No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.

Select your Language:


Main Menu