What to do if ex-husband refuses to pay alimony in UAE?

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What to do if ex-husband refuses to pay alimony in UAE?

It is the legal and moral responsibility of a divorced man to maintain his minor children from his previous marriage

By Ashish Mehta

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Published: Sun 15 Oct 2017, 1:40 PM

Last updated: Wed 18 Oct 2017, 1:24 AM

I have two sons with my ex-husband. He divorced me a few years back and now works and stays in the UAE. When we were married, I stayed with him in the UAE for two years. He cancelled my visa against my will and sent me back to Pakistan, before divorcing me. I filed a case in a Pakistani court to get monthly financial support from him for my children, which was granted by the court. But he left Pakistan to the UAE without making any arrangements to make the payments and now he is unreachable. An arrest warrant has been issued by the Pakistani police, but there is still no sign of his return to Pakistan. My children and I are struggling to make both ends meet as we don't have any income. If I travel to the UAE, will it be possible to get some legal support to trace him and make him agree to support my children? If yes, what is the procedure and how much will it cost?
Pursuant to your queries, it is the legal and moral responsibility of a divorced man to maintain his minor children from his previous marriage. The father should maintain a girl child until she marries and, in the case of a boy child, until he reaches the age of majority. This is in accordance with Article 78(1) of the Federal Law No.28 of 2005 concerning Personal Status in the UAE, which states:
"Maintenance of the youngster having no financial resource shall be borne by his father. Girls shall be maintained till they get married, while boys shall be maintained till they reach an age when he can earn money, unless he is student pursuing his study with usual success."
Since there is already an order pronounced by a court in Pakistan that your ex-husband must provide financial support to your children, you may notarise and legalise this order. Then grant a notarised and legalised power of attorney to a law firm in the UAE to register a case before a court of competent jurisdiction in the UAE, to execute the order issued by a foreign court. For more information on the costs involved you may contact a legal counsel in the UAE.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore 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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