DCC 68/2004

The initial dispute involved claims by a divorced woman for custody and maintenance. The key issue was whether a statement made by a judge was a judgment or petition order as this impacted the right to appeal.

Background

A Respondent filed suit No. 474 of 2003 against the Appellant requesting 9000 AED per month alimony for her children including food and clothing and electricity and water bills, and 80.000 AED per year for rent, 750 AED for maid's wages from the date of filing the lawsuit. She also asked for custody of her children and for the Defendant to hand over the children's passports and give them the permission to travel with her on official holidays once a year. She also asked the Defendant provide a private driver and a car for the transportation of children or 3000 AED per month for transportation.

The Plaintiff was the wife of the Defendant and gave birth to three children, who were young and under her custody. The judge had decided on a non-retractable divorce but the Defendant refused to spend on his children and did not provide them with a residence.

Proceedings:

Court of first instance - Decision dated 16/12/2003