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Wife wins right to leave smelly house

Adel Arafah
Filed on January 28, 2007

ABU DHABI — The apex court in Al Ain has allowed a woman to stay away from the stinking accommodation provided by her husband.

The Federal Supreme Court, upholding a ruling issued by an appeals court, also declared that bad smell is psychologically and physically harmful.

The woman had filed the lawsuit in Al Ain Shariah Court of First Instance against her husband seeking a ‘proper accommodation’, claiming the one provided by her husband was not fit to live in — being quite old and in dilapidated condition with horrible smells.

Counter lawsuit

In return, defendant husband filed a counter lawsuit in the very court demanding his wife to obey him, and take his permission before going outdoors.

The Al Ain Shariah Court of First Instance ruled in favour of the woman and ordered her husband to provide an appropriate accommodation. It had also directed the wife to obey him thereafter.

Sufficient reason

Having had his petition rejected at the Al Ain Shariah Court of Appeal, the husband moved the Federal Supreme Court contending that his house with foul smell was not a sufficient reason for his wife to disobey him and desert their marital accommodation.

The apex court, however, said that complainant wife could leave that stinking accommodation in the light of the report of the Shariah Committee. The court also held that bad smell is psychologically and physically harmful.

The woman was given the right not to stay in that accommodation and her husband’s counter pleading was turned down.

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