Abu Dhabi, October 02: The Supreme Court has upheld the lower courts’ verdict, granting divorce to an elderly woman from her husband for deserting her for five years, and humiliating and abusing her in public. The court said old age does not justify abusing the spouse, nor does it stop the court from granting the divorce.
The woman had filed a case in Khor Fakkan Shariah Court of First Instance demanding divorce for the agony she suffered after being deserted, humiliated and abused in public.
She and her husband had seven sons and 35 grandchildren during 31 years of their marital life. “My husband had been humiliating and abusing me in public using very rude language,” she said.
“I remained patient for the sake of my children, but he deserted me five years ago, which worsened my suffering. When I asked for divorce, he refused and humiliated me, which prompted me to file the case.”
The woman, who was not identified, brought four witnesses who testified in her favour. Accordingly, the lower court ordered irrevocable divorce of the couple on the grounds of the damage suffered by the woman.
The husband, who was also not identified, challenged the verdict at the Khor Fakkan Shariah Court of Appeals, which upheld the lower court’s verdict.
The man then moved the Supreme Court arguing in his petition, that the judgment of the two courts violated the Islamic Shariah and the law as her earlier pleas for divorce were rejected by courts in the country.
“The testimonies of the witnesses brought by my wife were contradictory and not precise, especially with regard to desertion,” he said. He said also that the verdict did not consider their old age and the interest of the family.
The apex court rejected these arguments, ruling, “Understanding the lawsuit and decision on the evidence are left to the trial court, which has the right to consider the statements of the witnesses, or some of them, without mentioning the reason.”
“It is stipulated in Article 122 of the personal law that the suit filed for divorce due to the damage suffered must be proved under the list of Shariah evidences, which include the testimony of the witnesses, who said the aged husband had verbally abused his wife. Old age does not justify not granting divorce to the wronged wife.”
–Agencies