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My husband wants divorce as he is having an affair. What should I do?

Ashish Mehta/Dubai
Filed on August 7, 2020 | Last updated on August 7, 2020 at 07.15 am
husband, illicit, relation, legal, legal view, uae law

(Photo: Alamy)

Engaging in a illicit relationship without being married is a punishable offence by law in the UAE.

Question: I am a mother of three girls and I recently discovered that my husband is having an affair with another woman. He is asking for a divorce, but I want to make the marriage work. I have warned the other woman to stay away from my husband, but I think they are continuing to meet. If I file a police case against the woman, will my husband also be in legal trouble? Please advise.

Answer:

Your husband merely meeting his alleged girlfriend in the UAE may not be considered as a crime. However, engaging in a sexual relationship without being married is a punishable offence by law in the UAE.

This is in accordance with Article 356 of the Federal Law No. (3) of 1987 related to the issuance of Penal Code (the 'Penal Law of UAE'), which states: "Without prejudice to the preceding two Articles, the crime of indecent assault with mutual consent shall be punished by detention for at least one year; and if the crime is committed against a male or female who is under 14 years of age, or if the crime is committed by coercion, it shall be punished by temporary imprisonment".

Therefore, it is illegal for your husband and his alleged girlfriend to have a relationship (sexual) if any. If your husband and his alleged girlfriend are found guilty and sentenced to custodial penalty, the court may order the deportation of both. This is in accordance with Article 121 of the Penal Law of UAE, which states: "In case a foreigner is sentenced to a penalty restricting freedom in a felony or a misdemeanour, the court may order deportation out of the state and deportation becomes a must in crimes against honour ...".

Based on the aforementioned provisions of the Penal Law of UAE the public prosecutor may register a criminal case against your husband and his alleged girlfriend. You may only be in a position to file a criminal complaint/case if you are able to provide satisfactory admissible evidence such as photos, videos, emails and messages exchanged between your husband and his alleged girlfriend to prove the existence of a sexual relationship between them. Your husband will also be investigated by the public prosecutor/police along with his alleged girlfriend and both will face legal consequences if found guilty.

It is recommended that you approach a legal counsel in the UAE for further legal advice on this matter.

Know the law

You may only be in a position to file a criminal complaint/case against the alleged girlfriend of your husband if you are able to provide evidence to prove the existence of a sexual relationship between them.


Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.



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