DCC 63/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Marriage, Guardianship
Copyright
LexisNexis
Decision date
6 Jan 2009
Catchwords
Marriage – Legitimacy – Guardianship
This case involved a woman who had got married after her father had died and another person had been assigned as her legal representative for marriage. She gave birth to a son shortly after the marriage was registered. The key issue was the status of the marriage and the son as this marriage had occurred at a time the woman did not have a guardian.
Background
A woman filed a case against her husband and requested the court to confirm the validity of their marriage which had occurred in January 2003. The woman stated that, due to her father's death, she had been assigned another person as a legal representative for marriage. The woman stated she had given a birth to a son on 19/12/2005 and the marriage document was registered on 12/11/2005. The woman brought two witnesses who confirmed that she had married the man.
The court rejected the case and stated the marriage was illegal because the woman had no guardian when she married. The court stated the woman had given birth to the son before the natural period of pregnancy.