ABU DHABI // A woman can divorce her husband regardless of his consent while men cannot unilaterally ask for divorce, the Supreme Court said in a ruling released yesterday.
The decision came in a case from Sharjah in which a wife filed for a divorce and arbitrators denied her request. An appeals court overturned that decision, and her husband appealed to the Supreme Court.
According to the ruling, the court of first instance rejected the divorce "when in fact if [the request] was filed by the wife, you are required by law to order a divorce". The ruling also said that a husband must not be granted a divorce if the wife did not also file and there was no evidence of fault or mistreatment by her.
The Supreme Court said there could be three outcomes. If the husband mistreated the wife, arbiters should order a divorce and the wife will receive all her marriage and divorce financial rights, including dowry and other compensation. If there was fault on both sides, arbiters should order a divorce and a settlement depending on the extent of mistreatment.
If the wife mistreated her husband, she waives her right to any financial settlement in the divorce.
Traditionally, a woman who files without her husband's consent risks waiving her rights to any dowry or compensation.
Under Sharia, a husband can verbally divorce his wife. But, experts said, husbands often force their wives to file in court in the hope of avoiding any payments.
"The [Supreme Court] ruling is very significant because it identifies the issue of husbands trying to circumvent the law and get away from giving their wives their due rights," said Salwa al Habib, a lawyer who specialises in family cases.
Mrs al Habib said many women accept pressure from their husbands to file so they can avoid lengthy and costly court proceedings. They also are often pushed into waiving the right to personal compensation as a precondition to the husband's agreement to the divorce.
In the same ruling, the Supreme Court said judges should ignore a woman's decision to give up a financial settlement if there is any indication the request was coerced. In such cases, a court must order a divorce but also require the man to pay the wife her full financial due.
The case from Sharjah involved a wife who filed for a divorce in December 2009. The Sharjah Court of First Instance appointed two arbitrators to investigate the cause of the dispute and attempted to help settle the couple's differences. According to law, judges must rely on the arbitrators' report to make a decision. The arbitrators failed to fix the relationship and could not pinpoint the cause of the dispute, so they rejected the divorce. The court officially rejected her request on March 18.
The wife appealed the verdict and the Sharjah Court of Appeals appointed new arbitrators. That court then overturned the verdict on July 1, granting her a divorce. The court also ruled that the husband should give the wife half of her "deferred dowry", the portion of dowry paid after marriage, which in her case amounted to Dh10,000.
The wife had told the court on June 13 that she forfeited her rights to any financial settlement. But the appeals court ignored her decision because there was evidence she had been coerced into the statement, and the court ordered the husband to pay. The Supreme Court upheld that decision.
"The decision [to forfeit rights] should emanate from free will," wrote Chief Justice Falah al Hajeri of the Supreme Court. "If [judges] suspect that the decision was made for a certain purpose, it should be discarded."
The man appealed to the Supreme Court, which ultimately rejected his requests.
hhassan@thenational.ae
IF YOU GO
The flights
FlyDubai flies direct from Dubai to Skopje in five hours from Dh1,314 return including taxes. Hourly buses from Skopje to Ohrid take three hours.
The tours
English-speaking guided tours of Ohrid town and the surrounding area are organised by Cultura 365; these cost €90 (Dh386) for a one-day trip including driver and guide and €100 a day (Dh429) for two people.
The hotels
Villa St Sofija in the old town of Ohrid, twin room from $54 (Dh198) a night.
St Naum Monastery, on the lake 30km south of Ohrid town, has updated its pilgrims' quarters into a modern 3-star hotel, with rooms overlooking the monastery courtyard and lake. Double room from $60 (Dh 220) a night.
Specs
Engine: Dual-motor all-wheel-drive electric
Range: Up to 610km
Power: 905hp
Torque: 985Nm
Price: From Dh439,000
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Coal Black Mornings
Brett Anderson
Little Brown Book Group
The specs: 2018 Opel Mokka X
Price, as tested: Dh84,000
Engine: 1.4L, four-cylinder turbo
Transmission: Six-speed auto
Power: 142hp at 4,900rpm
Torque: 200Nm at 1,850rpm
Fuel economy, combined: 6.5L / 100km
School counsellors on mental well-being
Schools counsellors in Abu Dhabi have put a number of provisions in place to help support pupils returning to the classroom next week.
Many children will resume in-person lessons for the first time in 10 months and parents previously raised concerns about the long-term effects of distance learning.
Schools leaders and counsellors said extra support will be offered to anyone that needs it. Additionally, heads of years will be on hand to offer advice or coping mechanisms to ease any concerns.
“Anxiety this time round has really spiralled, more so than from the first lockdown at the beginning of the pandemic,” said Priya Mitchell, counsellor at The British School Al Khubairat in Abu Dhabi.
“Some have got used to being at home don’t want to go back, while others are desperate to get back.
“We have seen an increase in depressive symptoms, especially with older pupils, and self-harm is starting younger.
“It is worrying and has taught us how important it is that we prioritise mental well-being.”
Ms Mitchell said she was liaising more with heads of year so they can support and offer advice to pupils if the demand is there.
The school will also carry out mental well-being checks so they can pick up on any behavioural patterns and put interventions in place to help pupils.
At Raha International School, the well-being team has provided parents with assessment surveys to see how they can support students at home to transition back to school.
“They have created a Well-being Resource Bank that parents have access to on information on various domains of mental health for students and families,” a team member said.
“Our pastoral team have been working with students to help ease the transition and reduce anxiety that [pupils] may experience after some have been nearly a year off campus.
"Special secondary tutorial classes have also focused on preparing students for their return; going over new guidelines, expectations and daily schedules.”
Ms Yang's top tips for parents new to the UAE
- Join parent networks
- Look beyond school fees
- Keep an open mind
The Beach Bum
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Stars: Matthew McConaughey, Isla Fisher, Snoop Dogg
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THE SPECS
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Power: 420kW
Torque: 780Nm
Transmission: 8-speed automatic
Price: From Dh1,350,000
On sale: Available for preorder now
Real estate tokenisation project
Dubai launched the pilot phase of its real estate tokenisation project last month.
The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.
Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.
Pakistan World Cup squad
Sarfraz Ahmed (c), Fakhar Zaman, Imam-ul-Haq, Abid Ali, Babar Azam, Haris Sohail, Shoaib Malik, Mohammad Hafeez(subject to fitness), Imad Wasim, Shadab Khan, Hasan Ali, Faheem Ashraf, Junaid Khan, Shaheen Shah Afridi, Mohammad Hasnain
Two additions for England ODIs: Mohammad Amir and Asif Ali
Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
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Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
BOSH!'s pantry essentials
Nutritional yeast
This is Firth's pick and an ingredient he says, "gives you an instant cheesy flavour". He advises making your own cream cheese with it or simply using it to whip up a mac and cheese or wholesome lasagne. It's available in organic and specialist grocery stores across the UAE.
Seeds
"We've got a big jar of mixed seeds in our kitchen," Theasby explains. "That's what you use to make a bolognese or pie or salad: just grab a handful of seeds and sprinkle them over the top. It's a really good way to make sure you're getting your omegas."
Umami flavours
"I could say soya sauce, but I'll say all umami-makers and have them in the same batch," says Firth. He suggests having items such as Marmite, balsamic vinegar and other general, dark, umami-tasting products in your cupboard "to make your bolognese a little bit more 'umptious'".
Onions and garlic
"If you've got them, you can cook basically anything from that base," says Theasby. "These ingredients are so prevalent in every world cuisine and if you've got them in your cupboard, then you know you've got the foundation of a really nice meal."
Your grain of choice
Whether rice, quinoa, pasta or buckwheat, Firth advises always having a stock of your favourite grains in the cupboard. "That you, you have an instant meal and all you have to do is just chuck a bit of veg in."
Banned items
Dubai Police has also issued a list of banned items at the ground on Sunday. These include:
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Political flags or banners
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Bikes, skateboards or scooters