DCC 115/2009
Background
A Plaintiff /Respondent and the Defendant were divorced and had a son.
The Defendant/Appellant refused to pay her allowance for two years.
He then rented a house for her and the child.
The Defendant filed an incidental plea to get the custody of the child.
Proceedings
Claim no 710 of 2008 before the first instance personal status Muslim court of Dubai.
The Plaintiff requested custody of her son and to prohibit the Defendant from troubling her and require him to pay allowances as well as provide the child's ID and passport.
The Defendant presented an incidental plea requesting custody.
The Court of first instance gave the custody to the Plaintiff and required the Defendant to pay a certain sum in addition to other duties.
Court of Appeal, Appeals No 28 and 31 of 2009
The Court based the report of the legal executive, rejecting the Appeal No 28 and reversing the appealed judgment on Appeal No 31.
Present Appeal before the Dubai Court of Cassation.