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Question: What constitutes marriage “abuse” in the UAE? I have a friend whose husband speaks foul language to her. He takes care of all her needs. However, in a rage, he used outright degrading words. Can we seek any kind of legal intervention here? She didn’t want to divorce, but she was exhausted by the language he used. She suggested consulting, but he was not ready yet. What legal remedies do we have here?
Reply: Based on your inquiry, we assume that your friend and her husband are residents of Dubai. In addition, when you accuse your friend’s husband of using foul language against her, Federal Law No. 3 of 1987 on the promulgation of the Criminal Law (UAE Criminal Law) and Federal Law No. 28 of 2005 on Personal Status (Personal UAE Status Law) apply .
In the UAE, it is a criminal offence to use foul language to abuse anyone in front of others. This is in line with Article 374 of the UAE Penal Code, which states: “If you commit defamation or insults over the phone, you will be sentenced to up to six months of detention or a fine of not more than five thousand dirhams. Or face the victim in front of others .
“If the defamation or insult occurs in the absence of a third party or in a letter sent to him in any way, slandering or insulting the victim, a fine of not more than five thousand dirhams shall be imposed… “
According to the above-mentioned laws, if your friend’s husband abuses her before anyone else, then she has the right to initiate criminal proceedings. Her complaint needs to be supported by witness testimony, which confirms that your friend was insulted by her husband in written or verbal form in front of the police officer. According to the complaint, the police may call your friend’s husband to the police station to record his statement and warn him not to verbally abuse your friend.
In addition, the husband is obliged not to abuse his wife physically or mentally. This is in line with Article 55, paragraph 5, of the UAE’s Personal Status Law, which states: “The rights of a wife to her husband:
5) Do not cause physical or moral prejudice against her. “
According to the above-mentioned legal provisions, your friends can also contact the Dubai Personal Status Court and hold a hearing in the Family Guidance Section. The aforementioned part of the court may advise and warn her husband to stop verbally insulting her. In addition, your friend can ask the department to amicably resolve the problem between her and her husband.
Your friend may seek further advice on this matter from the legal counsel of the UAE and Dubai Women and Children’s Fund.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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