A reversal of a ruling that gives an Arab wife “a pleasure alimony” after beating her husband

An Arab husband filed a divorce lawsuit against his wife before the Personal Status Court in Sharjah for assaulting him, after a marriage that lasted for years and produced the birth of three daughters, based on the evidence of the beating, and to the texts of the Personal Status Law that confirms that the request for divorce for the damage that is not possible for the ten days of both the spouses despite the husband has a divorce rhythm with a single will, and the court ruled for him to divorce him For the damage he suffered.

According to the details of the case that the Federal Supreme Court considered the appeal against the appeal ruling issued in it, the first instance court ruled, in addition to the divorce of the husband, to compel him to spend the girls, rent their residence, and pay the delayed dowry for the wife, the fare of the incubator, and the maid’s fee, while the court rejected the wife’s requests to the alimony of the kit, fun, housing furniture and the travel of girls who are custody of each year outside the state.

The wife was not satisfied with the ruling issued by the first instance court, so he appealed it and the Court of Appeal ruled to accept the appeal, and to cancel the ruling of the first degree in what he decreed from rejecting the request for pleasure, and the judiciary again obliging the appellant against him to pay a specific amount as a pleasure alimony for the wife, and this ruling was not accepted by the husband, so he was stabbed before the Federal Supreme Court, according to the court that he decreed to launch his wife Its right to the expense of pleasure according to the law.

The legal representative of the husband, Dr. Alaa Nasr, explained that the Personal Status Law states that “if the husband divorces his wife entered into her in a valid marriage, with his individual will and without her request, she deserves an expense of pleasure other than the expense of the number according to the case of the husband and in a way that does not exceed a year’s expense for her ilk”, which indicates that the registration that the law put in order to deserve pleasure is that the divorce is with the will of the husband and his unilateral behavior and that it is without a request For a violator, nor who has been broken her marriage for a defect, an opponent, or a damage that occurred to the husband.

He pointed out that the husband possesses the rhythm of divorce- when the damage- with his own will, and despite that is not correct for him to prevent him from seeking divorce for harm and discord, so that the quarrelsome wife does not take a way to force him to divorce her without charge, so he carries him a great loss from the expense of the kit and the rest of the dowry and pleasure, and in opening the door for the husband to ask for divorce for the damage the possibility of being exempt from all these or all of these consequences, whether Some of them, if it is proven that insulting the wife, which limits her intention to offend her husband to divorce because of her because of her, and therefore this divorce is not considered by the single will of the husband, and therefore the wife does not deserve with him the expense of pleasure.

The text of the ruling indicated that the reasons that the husband mentioned in his stabbing on the ruling with a pleasure of the wife, is good reasons, and that the contested ruling did not look at this, and therefore he had violated the validity of the law by what requires his reversal in this regard.