Abu Dhabi man sues his daughter for committing traffic violations using his vehicle

The Abu Dhabi Family, Civil, and Administrative Cases Court has dismissed a lawsuit brought by a father seeking to compel his daughter to transfer ownership of a vehicle into her name or return it to him.

The father claimed that he had given his daughter the vehicle for her personal use, but that she had refused to transfer ownership despite his repeated requests. He also alleged that she had incurred several traffic violations while driving the vehicle, which remained registered in his name.

In his lawsuit, the father asked the court to order his daughter to complete the ownership transfer procedures at the Traffic and Licensing Department. Alternatively, if she refused, he sought an order requiring her to return the vehicle. He valued the car at Dhs10,000 and stated that the outstanding traffic fines totalled Dhs500.

He also sought to reserve his right to bring a future claim against his daughter for any traffic fines, fees, and financial penalties arising from her use of the vehicle from the date she was served with the statement of claim. In addition, he requested that she pay legal costs and attorney’s fees and that the judgment be made immediately enforceable.

As the case file contained no evidence supporting his claim, the father requested that a decisive oath, known as "Al Yamin Al Hasimah", be administered to his daughter. The court granted the request and prescribed the following wording:

"I swear by Almighty God that I did not receive the vehicle in question from my father and that it is not in my possession. God is a witness to what I say."

The court scheduled a hearing to inform the daughter of the wording and require her to appear in person. The father’s representative attended, along with the daughter, who stated that she was ready to take the oath. After reviewing and fully understanding its content, she swore the oath in the prescribed form.

The court explained that the law places the burden of proving a claim on the creditor, while the debtor may refute it. In this case, the father sought to require his daughter to transfer ownership of the vehicle or return it after settling any outstanding traffic fines. In the absence of supporting evidence, he relied on the decisive oath.

The court further noted that taking or refusing to take a decisive oath determines the dispute over the underlying fact. Since the daughter had taken the oath, the factual dispute at the heart of the claim was resolved. The court therefore applied the resulting legal consequences and dismissed the lawsuit.