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family law

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July 21, 2019

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My wife wants to move to the UAE to live with me - can I stop her?

Question: I have been living in the UAE for a long time but my wife lives in my home country with my parents. She is now applying for a resident visa to move to the UAE without my consent. Can I file a complaint against her for seeking a visa without my permission or sponsorship?

Answer: The entry and exit of foreign residents are governed by the immigration laws of the UAE. If your wife has a valid sponsor in the UAE, she may get a visa without your consent. However, the grant of residency to your wife will be subject to the regulations of the General Directorate of Residency and Foreigners Affairs.

Question: I recently discovered that my husband cheated on me with another woman. The woman left the country but I have copies of their WhatsApp messages that prove the two were talking to each other. I want to file a permanent travel ban on the woman but can I also file a case against my husband?

Answer: The Prosecution and the Criminal Courts have discretionary powers to decide or evaluate the evidence you provide. Accordingly, you may file a complaint to Public Prosecution with the evidence you have. Prosecutors will investigate both your husband and the other woman for the offence of adultery. Since the other woman is outside the country, the Prosecution may issue an arrest warrant against her, which may be executed immediately upon her arrival in the UAE.

Question: My husband has been abusing me physically and mentally. I did not file a criminal complaint against him because I planned to leave him and take my children along with me but he has now placed a travel ban on our children. How can I remove the ban and file a complaint against him?

Answer: Police can register a criminal complaint after investigating evidence of the abuse, such as a mark on your body. You may also get a medical report to provide details of the injury and the possible cause. These reports can be used in a divorce case and in a custody claim against your husband. You can challenge the travel ban your husband placed on you in court. However, it is up to the court's discretion to lift the ban.


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