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Fujairah court rejects mother's plea for kids' maintenance

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Fujairah - She had waived off the right for maintenance through a contract during divorce.

By Staff Reporter

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Published: Sat 4 Jul 2020, 11:35 AM

Last updated: Sat 4 Jul 2020, 1:59 PM

The Fujairah Shariah Court has rejected an Arab mother's plea for her children's maintenance after divorce as she had willingly waived off this right before separation. 
As per court records, the couple reached a deadlock after repetitive heated arguments and unending disputes. 
The wife tried to file for divorce several times, but her ex-husband insisted on staying married as they had children. 
Finally, the woman sought 'Khula', which is a conditional divorce where the couple agrees on ending their marriage after the wife pays back whatever her husband gave her - mainly dowry - or on the condition that she waives off her maintenance rights. 
However, later the woman realised that she was unable to afford the escalating expenses of her children and approached the court for maintenance. 
The court turned down her plea based on the Khula agreement they reached before. 
Haidi Abdulhadi, an advocate, said Khula, according to the Shariah is a contract in which the husband and wife have a mutual agreement to terminate their marriage contract for a compensation to be paid by the wife or others. 
"In that conditional separation, the husband is not compelled to pay his wife any compensation," she said. 
 "It is the wife who returns whatever her husband had given to her, whether it is money or valuables." 
She added that women apply for Khula in several instances. "These include the wife's inability to live with her husband, disliking him, not being able to stay with him or hating him because of his immoral ways and bad treatment or behaviour or habits. "The children may remain with the mother until a certain age." 
news@khaleejtimes.com 


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