Based on an audio recording .. A man accuses his wife and brother of defaming him

The Dibba Fujairah Civil Elementary Court rejected a lawsuit filed by a man against his divorce and brother, in which he demanded compensation of 60,000 dirhams, against the background of his wife’s failure to implement a judicial ruling to see his child, and the disputes that followed, according to his statements, to insult, defamation and accusations before relatives.

The case of the lawsuit states that the plaintiff filed it under a case newspaper, at the end of which the ruling requested that the defendant obligate them to perform an amount of 60 thousand dirhams, in compensation for the damage to him.

He explained that he was a husband of the first defendant, and the divorce took place between them, and there was a child between them, and he obtained a court ruling to see his daughter according to the ruling issued in the family guidance, adding that after his initiation of the implementation of the ruling of vision, the defendant declined to implement, and supported her by her brother (the second defendant).

The plaintiff stated that the defendant insulted him and defamed him in front of his relatives and some people, communicating with his father, and attaching invalid accusations to him, although he “according to his saying” the party deprived of seeing his child, stressing that what happened to them caused him material, literary and psychological damage, so that some of his family members interrupted him because of the complaints of the defendant from him with his family.

He pointed out that he did not open a penal file on the issue of insulting and slandering the prosecution, but he has an audio clip attributed to the father of the defendant, “in which he curses his son and daughter as a result of what they have done” against him, while he demanded that the audio clip be included in the case papers as evidence.

The lawsuit was referred before the specialized civil department, and the plaintiff was attended, and the first defendant attended, and each party adhered to his requests. After the pleadings, the court referred to the text of Article (35/1) of the Evidence Law in Civil and Commercial Transactions No. (1 of 2022), which states that “the plaintiff must prove what he claims to be right, and the defendant denies him”, stressing that it is stable that he is stable. And the achievement of reality in the case and the estimation of evidence from the objective issues in which the trial court is independent, as long as it has a fixed origin in the papers and does not violate the law, and that the interpretation of the documents and contracts submitted and the clarification of its mysteries is up to the correct legal adaptation, does not contradict the rule of “the inadmissibility of proving what is in violation of the constant in writing except by writing”, which is what the provisions of the Federal Supreme Court settled.

The court indicated that when the plaintiff was legally charged with proving what he claims, and the papers were devoid of any evidence that proves the incident of abuse by insulting or defamation, as an official report of the incident was not edited with the prosecution, his request is a lack of the legal support, and also clarified that the audio clip that he referred to, attributed to the father of the defendant while he is admonishing them, is not considered a legal evidence that proves the occurrence of insults If it is submitted, which makes the demand not based on a correct basis.

Accordingly, the court ruled in attendance to reject the lawsuit, and obliged the plaintiff to pay the expenses, in addition to 100 dirhams in exchange for law fees, pursuant to Article (133) of the Civil Procedure Law.

• The court indicated that the papers were devoid of any evidence that proves the incident of the plaintiff with insulting or defamation.