family law


March 17, 2016



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Can I File an Adultery Case Against My Husband's Girlfriend?

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.

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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?
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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