DCC 117/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, Egypt, United Arab Emirates
Taxonomy
Divorce, Custody & Access, Children, Family Practice & Procedure, General Welfare, Housing & Social Security Law, Passports
Copyright
LexisNexis
Decision date
6 Mar 2012
Catchwords
Divorce – Custody – Maintenance – Res Judicata - Family Guidance Committee – Housing expenses – Fosterer – Passport – Birth Certificate – Identity Card – Children
This case involved a claim for maintenance and delivery of documents including a passport and birth certificate by a divorced mother. Key issues including whether the mother had the right to request these documents, responsibility of a father for maintenance for a small child and if payments were affected if the mother was living in her parents' house.
Key Legal Questions
The Effect of Res Judicata and capacity of parties to file a new claim.
Defining alimony entitlements.
Principals of Sharia in custody and alimony matters.
Background Facts
The respondent filed claim against the appellant before the Dubai Court of First Instance requesting a decision ordering the appellant to grant to her and to her daughter alimony be issued, that she be provided a home or a yearly salary of 200,000 AED plus water and electricity expenses and help with expenses of 1,000 AED, be proved with custody of her daughter and that the appellant be ordered to issue a passport, a birth certificate and an identity card for her daughter.