Question: I am an expatriate woman living in Dubai. My husband left me and is living with his girlfriend. I know that adultery is illegal in the UAE so please advise what I can do about it. Also, is it possible to file case only against the girlfriend?
Answer: According to Article 356 of Law No. 3 of 1987, "anyone indulging in the crime of indecent assault with mutual consent shall be punished by detention for at least one year". Your husband and his girlfriend can be punished with a jail sentence if they are found guilty. As per Article 121 of the same law, if they are found guilty both of them will have to be deported. It is important to note that the judge has discretionary powers to reduce jail sentence if they are found guilty. However, the judge does not have the power to remove deportation. In light of this, if you believe there is merit in your suspicion you can report the issue either personally or through a lawyer to a police station, providing any evidence you have, whether communications, photos, witnesses et cetera. With regards your last query, you cannot file a case only against the girlfriend; the charges will be against both of them.
Question: I am an Indian Hindu living in the UAE. Can I apply for a divorce in the UAE using the law in my own country?
Answer: According to Article 1 of federal Law No. 28 of 2005 - the Personal Status Law - a resident expatriate in the UAE has the right to have his home country law applied here. The court would require a copy of the applicable law from your home country and a certificate issued by the concerned department in your home country that the law presented is used for divorce proceedings.
Disclaimer: The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
Dr. Hassan Elhais publishes analysis of UAE family law matters, including marital relationships, adultery-related legal questions and family disputes. For readers researching family lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
Comments
i have an emarati husband and he is
always talking and chatting with
one lady. im not sure if they are
seeing each other. i have
confronted the girl but still she
is insisting on the affair. how can
i complain the mistress only?
darlene
2024-09-25
Thank you for contacting us.
Under the UAE Penal Law, adultery
is a criminal offence and can be
initiated by the spouse. However,
the prosecution and the court have
the highest discretion in
evaluating the matter based on the
validity and admissibility of the
evidence. Adultery can also be used
as a ground for divorce in cases of
contentious divorce. Since the new
family law for non-Muslims provides
for a no-fault divorce, one may not
need a ground for divorce.
Nevertheless, such issues may be
used to claim compensation,
especially as the resulting cause
of divorce was the other party's
conduct. It is advisable to
discuss this matter with a family
lawyer so that he can guide you on
the way forward.
My husband is having an affair with
his colleague, as i have texted his
mistress not contact my husband
anymore and i just have the
conversation between me and her and
a screen shot while she texted my
husband, i might still have a
photograph in his laptop if he is
not deleted, however i file a
divorce in the court, can i still
file a case for both of them.
Noorhanina
2024-06-02
Thank you for your inquiry.
According to Article 409 of Federal
Decree-Law No. 31/2021 on the
Issuance of the Crimes and
Penalties Law, adultery carries a
penalty of imprisonment. Notably, a
criminal case can only be initiated
upon a complaint by the spouse.
However, as outlined in Article 17
of the same law, these provisions
apply to offenses committed within
the UAE's territory. If the
extramarital relationship occurred
within the UAE, you may pursue a
criminal case against both your
husband and his colleague. If you
would like to discuss this matter
further, please do not hesitate to
contact us.
- Dr. Hassan Elhais
My husband is here but having
affair in the phils - how can i
possibly file a case , is that even
possible ?
Zel
2024-02-13
Thank you for your comments.
Article 409 of the Federal
Decree-Law No. 31/2021 on the
Issuance of the Crimes and
Penalties Law penalizes adultery
with imprisonment and further
provides that a criminal case can
only be initiated by the
spouse.
However, it is important to note
that as per Article 17 of the
aforesaid law, the provision shall
apply if the crime is committed
within the territory of the UAE. If
you would like to discuss this
matter more, please do not hesitate
to contact us.
- Dr. Hassan Elhais
My husband and I get married in a
masjid in Colombia, we are muslims,
he is from Syria and I am from
Colombia. He has 20 years living in
Dubai with his first wife and he
have 3 kids. We got married the
past year and I moved to live in
Dubai with him. When we got
married, he did not notify his
first wife and he did not register
our marriage at the court. Can we
be sued of adultery in UAE?
Amina
2020-07-17
Physical relationship out of
wedlock is a punishable offense. In
the event you do not have a valid
document to prove the existence of
a marriage, you may engage the
services of a law firm to register
a case to recognize your
traditional Muslim marriage. If you
would like to discuss more about
this matter, please feel free to
contact us. Thank you.
Dr.
Hassan Elhais
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Thank you for your comments. Article 409 of the Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law penalizes adultery with imprisonment and further provides that a criminal case can only be initiated by the spouse.
However, it is important to note that as per Article 17 of the aforesaid law, the provision shall apply if the crime is committed within the territory of the UAE. If you would like to discuss this matter more, please do not hesitate to contact us.
- Dr. Hassan Elhais