family law


January 06, 2020



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

Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
How to appoint a lawyer

I secretly recorded my husband's girlfriend - can I use the evidence?

Question: Almost a year ago, I found out my husband was cheating on me with his colleague. When I confronted him, he assured me that he had stopped speaking to her. However, I was not convinced because he would return home late at night. Once I followed him and caught him at a night club with the same woman. She admitted to me that she had a relationship with my husband and I recorded her without her knowledge. Can I file a case against her?

Answer: In the UAE, adultery is a criminal offence as per Article 356 of UAE Penal Code. You can register a complaint with police but the prosecution will investigate both your husband and his girlfriend for the alleged offence. If a physical relationship outside wedlock can be established with reliable evidence, both the accused are likely to attract a jail sentence of one year, followed by mandatory deportation.

Recording someone without their permission is also illegal in the UAE. The criminal courts have the discretion to decide on the validity of the evidence on record. Therefore, you may choose to engage a lawyer to handle your criminal matter.

Question: I have an ongoing divorce case registered by my wife. I have a 10-year-old child and have now decided that I do not want a divorce. I feel that my wife's parents are inciting her against me. If I cancel her visa, and send her back to her home country, will the divorce case get dismissed? I think it is best for our marriage that she stays away from Dubai for some time as her parents also live here.

Answer: Article 5 of the UAE Personal Status Law provides that the UAE courts shall have jurisdiction on family matters such as divorce, marriage, custody and maintenance when the defendant has a residence in the UAE. Since you are a resident in the UAE, your wife may file a divorce case regardless of her residency status. If you want to reconcile with your wife, you have the right to ask the court that your case be referred to a court-appointed arbitrator. You may consider engaging a lawyer to advise you on handling the divorce case so that you can come out of the case with the desired results.

Related Links


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Your email address will not be published.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.

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

Contact Me

I Agree to Terms and Conditions
Please check this box if you want to proceed.

Select your Language:


Main Menu