family law

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April 01, 2018

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Is a WhatsApp message legal proof my husband is cheating?

Question: I am an Asian Muslim woman who married to Arabic Muslim man in Dubai and we have been together for almost seven years. When my son was playing with my husband's phone, I found a call record and messages to another woman on WhatsApp. I confronted him, but he denied everything. Are the calls and message considered evidence of cheating in court?

Answer: Under the UAE Laws of Evidence, the Family Court in Dubai considers, and in most instances accepts, all written correspondences as evidence of proving one's claim or disproving the claim of the other party.

Acceptable written correspondences include emails, text messages, WhatsApp and other commonly used tools of written communication; however, these need to be printed and translated by legal translators prior to being submitted to the court.

If the evidence you gathered from his phone was found unintentionally and by accident, it would mean that you did not have the intention of committing a crime. According to article No. 34 of the UAE Penal code, "an attempt is the commencement of the execution of an act with the intention to commit a crime." In the absence of intention, there might be no crime.

Question: If I separated from my husband for a few years, will our marriage be considered invalid and can I then remarry again?

Answer: No, your marriage will not be automatically considered as invalid under the UAE law. You must file for divorce in the Family Courts and get a divorce judgment in the local courts. After receiving a judgment of divorce, you have to wait for a legal period of three months, called idda't, and after that, you may remarry.

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Comments

Dear Mr Elhais I see you are very familiar with adultery in dubai. So I need your help. I was living in dubai for over 4years and was in a relationship together with a guy living in Europe for over one year. After we end our relationship I found out that he was married the whole time during our long distance relationship and lived a double life, also in Social Media he was posting under a second name our picture while he had another profile as well. Now I moved from dubai back to Europe after I found out. Can I still report him to the police in the UAE ? Or could my friends do this because they were friends with him as well and noticed all our social media posts and saw us together in dubai etc ? Thank you sooo much in advance Melanie
Melanie Radel
2020-03-09
Adultery is a crime in the UAE punishable under the UAE Penal Code. If proven, the punishment could be imprisonment followed by mandatory deportation. The Prosecution may investigate both parties with regards to the alleged offense. If any party is outside the country, such a person may get arrested on arrival in the UAE.

I suggest that we meet in our office for a detailed discussion about your matter. If you are not in Dubai, we could have a Skype consultation with you. Please share your availability and your best call back number and accordingly we will schedule a consultation with you. Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
What punishment can be given for a husband who is having sexual relations with different females. Husband and all those females are expats.
Nora
2020-02-08
In furtherance to your concern, kindly be informed that you may file a criminal case against your husband and the female for adultery and if proven before the court, they may face imprisonment or fine along with deportation.

Please feel free to contact us at any time for more detailed advice by way of a consultation meeting with our lawyers.   Dr. Hassan Elhais

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