DCC 40/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Divorce, Children, Civil Evidence, General Civil Procedure & Administration of Justice, Financial Support of Children, Rent & Service Charges, General Natural Resources, Energy & Utilities Law
Copyright
LexisNexis
Decision date
5 Oct 2003
Catchwords
Divorce – Legitimacy – Child – Evidence – Oath - Maintenance – Rent – Utility Bills
This case involved maintenance following a divorce and in particular if the husband was liable to pay maintenance for a child who had been born after less than six months of marriage. A key issue was whether the husband could be forced to take an oath on the child's parentage and if utility bills as well as rent should be paid for.
Background
An Appellant filed suit No. 73 of 2002 before the Dubai Court of First Instance, against the Respondent, requesting he pay her alimony of 2,000 AED per month and a monthly alimony for her daughter of 500 AED per month, in addition to paying the electricity, water and telephone bills and providing a home with furniture and payment of rent on the basis that the Defendant had abandoned her and refused to provide money for her and her daughter.
Proceedings:
Court of first instance - Decision 31/8/2003
The Court of First Instance dismissed the case. The Plaintiff appealed this judgment.
Appeal Court - Appeal No. 184/2002 - Decision dated 26/4/2003