UAE court sides with wife, blocks husband's plan to marry again and house both wives together
A court in Fujairah has ruled in favor of a woman who filed a legal case against her husband, claiming that his persistent threats to marry a second wife and force both spouses to live in the same residence amounted to psychological harm.
The case, initially dismissed by a lower court, was successfully appealed, marking a notable application of the UAE's Personal Status Law in protecting women's rights within polygamous marriages.
The legal conflict began as a personal disagreement within the household but quickly escalated. According to court documents, the husband had not only expressed his intention to take a second wife, but also made it clear he expected both women to live together in the same home.
The wife argued that this created a hostile emotional environment, inflicting psychological pressure and fear over the wellbeing of her children and the sanctity of her personal life.
As reported by Emarat Al Youm, the appellate court found that these repeated threats constituted more than mere domestic tensions, they were a form of "veiled intimidation" that directly impacted the wife's mental health and the stability of her family unit.
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Central to the appellate court's decision was Article 77 of the UAE Personal Status Law, which stipulates that a wife has the right to a separate residence not shared with another spouse. The court stated that this right is "a fundamental part of the marital contract", thereby reinforcing the wife's legal and emotional autonomy in the context of a polygamous union.
The lower court had initially dismissed the wife's request to prevent her husband from housing a second wife in their shared home.
However, upon appeal and after reviewing arguments submitted by legal counsel for both parties, the appellate court reversed this portion of the judgment. It ruled that the wife had the right to exclusive use of the marital residence, citing the psychological impact and potential emotional harm of forced cohabitation.
While the court sided with the wife on the matter of residential exclusivity, it upheld all other elements of the lower court's ruling, particularly concerning financial obligations. These include:
Dh1,000 in monthly spousal support
Dh5,000 in monthly child support
Employment and salary of a domestic worker
Transfer of children's identification documents
These responsibilities were confirmed as part of the husband's continuing duties, regardless of any future marital arrangements he might pursue.
However, the appellate court rejected another request by the wife, to bar the husband's relatives from entering the family home. The court ruled that such a restriction is 'not practically enforceable,' and encouraged both parties to 'reach a mutual understanding' in line with prevailing social customs and family values.
In its final ruling, the Fujairah court annulled the provision allowing cohabitation with a second wife, recognizing it as a source of psychological distress and a violation of the wife's rights. However, the wife was ordered to bear the court fees and pay Dh200 in legal costs.
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