My wife's having an affair in UAE. How do I take legal action against her?
Anyone found guilty of extramarital affair in UAE could be deported.
Question: My wife is having an illegal relationship with her boyfriend and she is not living with me even though her visa is sponsored by me. I have evidence of her extramarital affair. If I file a complaint against them, what will be the legal implications on my wife and her boyfriend? What is the legal procedure and court fee involved to take appropriate legal action?
Answer: Pursuant to your queries, it may be noted that in the UAE having an extramarital affair or engaging in a relationship (sexual) with someone who is not married to you is punishable by law. This is in accordance with Article 356 of the Federal Law No. (3) of 1987 related to 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.
It is illegal for your wife and her boyfriend to have an extramarital affair. Further, if you possess sufficient and admissible evidence to prove your assertion regarding your wife's extramarital affair, you may consider filing a criminal complaint against your wife and her boyfriend with the public prosecutor or the police station having jurisdiction in the UAE
If your wife and her boyfriend are found guilty, the court may order 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 or the police station shall investigate your criminal complaint and may register a criminal case against your wife and her boyfriend, if it is finally determined that a crime has been committed. There is no court fee to file a criminal complaint in the UAE. It is recommended that you consult a legal practitioner in the UAE for further professional advice.
Know the law
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
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: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.