Dubai court grants divorce to woman, rejects husband denial of parentage

Mohammed Yaseen, Staff Reporter

Dubai Personal Status Court ruled that an Arab woman be divorced from her husband irrevocably. The court also rejected the husband’s request to force wife to go through a DNA test and be checked by a specialist doctor to determine the duration of the pregnancy.

The court also rejected the husband’s denial of paternity of the embryo.

According to the case file, an Arab husband filed a lawsuit before the Personal Status Court in Dubai, in which he demanded that his wife be obligated to have a DNA test, accepting his denial of his paternity to the embryo, and a divorce due to harm caused by the appellee constantly insulting him, expelling him from the marital home, and depriving him of his marital rights.

The plaintiff stated that he married the appellee in November 2023, and after only one month, she started to treat him badly as she used to constantly curse him, and also drove him away from the house.

He added that she also deprived him of having his legal rights, indicating that he tried using all amicable ways to settle matters and contacted her mother to reach a solution to return to living together, but all attempts failed.

The husband added that after one month of marriage, his wife told him that she was pregnant in the third month, so he suspected her, and in order to preserve her reputation, he did not show any bad reaction but asked her to go with him to a specialist doctor to confirm the validity of the pregnancy, but she refused.

She then  asked him for a divorce in return for giving up all her rights, on the condition that the child be registered in his name after birth.

The wife denied the husband’s allegations, and mentioned in her memorandum that he used to mistreat her since the beginning of marriage, besides refraining from spending on her and refusing to care for her during pregnancy.

She explained that the marital home was rented in her name and that the husband lived there at her expense. She submitted a copy of the lease contract and asked the court to reject the husband’s requests.

The wife’s lawyer, Dr Ahmed Abdel Shafi, said that the wife admitted insulting the husband via WhatsApp in response to his insulting her, so the court made sure that it was impossible for the marriage to continue between the two parties.

The court also clarified that for a husband to accuse his wife of adultery, he must have personally witnessed her doing it or have already verified it, and since he did not see her, his request was considered without evidence.

Abdul Shafi added that the Personal Status Court in Dubai decided that a man has the right to deny the child’s parentage within seven days from the date of learning of the birth or pregnancy, and to file his lawsuit within 30 days of learning of the birth or pregnancy, and that the four religious school of Islamic jurisprudence have set several conditions for denying parentage, the most important of which is that the denial must be without delay, but if the husband remains silent, he is not permitted to deny it, and since the husband did not deny his parentage for approximately 5 months of pregnancy, the legal period has expired and he, then is not permitted to do that.