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Court denies divorce for polygamist's husband
Abu Dhabi - The marriage of a couple who led a happy life for years, with their only son, was rocked when the husband discovered that his wife was married to another man living in Europe.
But the Shariah Court has rejected an application for divorce lodged by the second husband.
The story unfolded when the couple left Abu Dhabi for their home country on holiday, where they were supposed to spend time with the wife's parents. The woman was shocked when she was arrested the moment they arrived at the airport of her country, where the officials told her a court ruling was issued in absentia, and that she was convicted of forgery and giving false information.
But it was the unwitting husband who was shocked beyond belief, as he registered his wife was already married when she tied the knot with him. It emerged the woman had forged documents and given false information so as to divorce the first man as soon as possible, after she found the better groom.
She filed a lawsuit in her home country, demanding a divorce from the first man but alleging that she did not have his address to inform him with the case -in actual fact a lie to avoid any protest or complication of proceedings which would interfere in her new marriage to her Abu Dhabi suitor. The court granted the divorce based on the woman's claim that the first husband had left his home country after they got engaged, and she had lost contact with him and did not know his address.
When the man returned, he was apparently surprised to learn his wife had been granted a court verdict of divorce in absentia and was newly married to another man. The man contested the divorce verdict in the Court of Appeal, on the basis he had remained in contact with the woman and sent her financial remittances.
The appellate court accepted his petition and nullified the divorce, while the public prosecution lodged a criminal lawsuit against the wife for forgery and giving false information -resulting in a jail sentence.
The woman was left detained in her home country, all the while promising her second husband she had not married him till the first divorce had come through and was unaware of the lawsuit and nullification of the divorce.
The woman returned to Abu Dhabi but her suspicious husband investigated the situation till he discovered his wife had appointed a lawyer to defend her in the lawsuit launched by her first husband, which she had claimed to be unaware of. The man also discovered his wife had cheated and lied to divorce her former husband.
On the strength of this, he demanded the Shariah Court dissolve his marriage, and grant him the right to the custody of his child. The court rejected his petition on the grounds that the knowledge of the incident could not be confirmed, so it was in the family's interests to remain as one and unbreakable family.
(Published in conjunction with the Judicial Department of Abu Dhabi)
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