Father ordered to pay ex-wife for supporting child

ABU DHABI — The Federal Supreme Court has upheld the verdict of the Abu Dhabi Shariah Court of Appeal ordering a father to pay a monthly alimony of Dh1500 to his former wife for supporting their six-year-old child under her guardianship.

By Adel Arafah

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Published: Sat 8 Jul 2006, 9:38 AM

Last updated: Sat 4 Apr 2015, 7:09 PM

Court records showed that Hayat Ash filed a lawsuit with the Abu Dhabi Shariah Court in 2005 against her ex-husband, demanding the payment of a monthly Dh6,000 maintenance plus accommodation for their child, and grant her the guardianship of the child.

The court on April 30, 2005, gave the mother the guardianship of the child, and ordered the defendant father to pay a monthly maintenance of Dh 800.

The mother contested the verdict before the Abu Dhabi Shariah Court of Appeal, which on October 30 last, increased the maintenance to Dh1500 per month.

The father moved the Supreme Court, claiming that he is a breadwinner of another big family, and had no other revenues but his salary to support the two families.

The Apex Court noted that the trial court is entirely empowered, as per the Maliki Jurisprudence School, to determine what it estimates as enough maintenance. No one is to monitor or object it as long as level-headed reasons are furnished. Besides, the monthly Dh 1500 alimony is not beyond the petitioner's financial ability, the court held.

Accordingly, the apex court on June 18 last, rejected the father's plea, and confirmed the earlier judgment of the Dh 1500 monthly alimony.

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