- Legal Articles
- Ask Elhais
April 22, 2018|
Question: I am an Asian expatriate and have signed a contract with my husband saying he has to give me the custody of my children and provide us with Dh7,000 a month in financial support. He paid for two years and then he stopped sending me money. When I confronted him he said he will raise an objection to the court. Later, when I filed an execution to enforce the agreement, he raised an objection called "Ishqaal". One of my friends told me "Ishqaal" will stop my proceeding till it is decided. Is this true? What can I do to protect myself? Can he keep prolonging my case and not pay me any money?
Answer: It is very unfortunate that your husband is trying to escape from his legal commitment. In any other cases, filing "Ishqaal" in the execution may suspend the proceeding till the "Ishqaal" is decided. However, the law - Article No. 11 of the UAE Personal Status Law No. 28 of 2005 - is very specific for cases such as yours where an agreement has been signed between both parties. The law indicates that "Ishqaal" against the alimony and custody settlement shall not suspend or freeze the proceeding, which means that even if your husband did "Ishqaal" he would still be obliged to pay you.
Question: I am a European expatriate based in Dubai and married to Asian woman. She filed a divorce case against me claiming that she has been insulted by me. However, neither she nor the witness could say what are insulting words I used were. The main argument of mine and my legal defence was to ask what the exact insulting words were since she may have considered them personally insulting but they technically were not. However, the court adopted her point of view and gave her the divorce. Do I have the right to appeal this judgment? And on which grounds?
Answer: Although your case is not precisely clarified in the UAE Personal Status Law, it has happened before in other cases like in a case No. 26/2002 in Supreme Court of Dubai. In that case the Supreme Court indicated that the First Instance Court had to indicate precisely what are the defamation words were to enable the Supreme Court to review them and confirm whether or not they are defamatory. So you may depend on this in your next appeal.
Your email address will not be published. Required fields are marked *
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.
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.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
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.
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.
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.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
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.
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.
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.