DCC 58/2005
Background
A Respondent (Plaintiff in the first instance) was the wife of the deceased based on a valid matrimonial contract and gave birth to two daughters and he remained his wife until his death in 7-5-98.
However, after the death, she was informed that her name was omitted from the name of heirs of the deceased and it was stated she was divorced.
Therefore, she has filed the lawsuit with her request to be included among the heirs of the deceased.
The court referred the case to the investigation to prove that the Plaintiff had been divorced from her deceased husband and the Plaintiff denied that. The court also heard the testimony of the witnesses.
Proceedings
Court of first instance | Decision dated 2/02/2002 The court rejected the case.
Appeal at Sharjah Court of Appeal |Decision dated 9/08/2003 The Court ruled to annul the appealed judgment and agreed to include the name of the Plaintiff in the list of heirs of the deceased.
Appeal in Cassation before Dubai Court of Cassation