UAE Court Grants Second Khula Divorce to Mother of Ten
A Ras Al Khaimah court finalized a divorce after a failed reconciliation attempt.
1Legal Divorce Finalization
The Ras Al Khaimah Primary Court granted a 43-year-old woman a khula divorce for the second time within eight months. The couple had previously divorced in February, remarried in May, and separated again in July. The court finalized the split after determining that marital life had become impossible to sustain.
2Family Dynamics and Care
The mother, a former teacher, dedicated her life to raising ten children from the marriage, alongside five children from the husband's previous relationship. She claimed she left her career to manage the household and provide full-time care for the 15 children, citing significant domestic challenges and lack of financial support.
3Failed Reconciliation Attempt
Despite a new marriage contract signed in May with a 5,000 dirham dowry, the couple's relationship deteriorated within two months. The wife initiated a second lawsuit in July, alleging that her husband mistreated her and the children, refused to pay for medical expenses, and restricted her contact with her own family members.
4Court Rejects Husband's Claims
The husband opposed the divorce and requested custody of the ten children, while also challenging the validity of electronic evidence presented by the wife. The court rejected his request to involve the Public Prosecution, ruling that the electronic documents were not essential to the final verdict regarding the marital separation.
5Custody and Parental Rights
Based on a report from the Technical Committee for Custody Affairs, the court granted the mother full custody of the ten children. The judge ruled that the mother is the most suitable caregiver and awarded her educational guardianship, allowing her to manage school and government affairs for the children's daily needs.
6Financial Support Obligations
The court ordered the father to pay 227,500 dirhams annually to cover the children's expenses. This includes 10,000 dirhams monthly for maintenance, 50,000 dirhams yearly for housing, and additional funds for education, transportation, and domestic help. The father is also responsible for all legal costs and attorney fees incurred during proceedings.
7Judicial Reasoning on Khula
The court concluded that the husband’s refusal to grant the divorce, despite the wife’s offer to waive her financial rights, constituted unreasonable obstinacy. Under UAE personal status law, the judge finalized the khula, noting that the wife’s waiver of her dowry and maintenance rights was a valid legal basis for separation.
8Broader Legal Implications
This case highlights the strict separation between marital rights and children's financial entitlements in UAE law. The court emphasized that a wife’s waiver of her own financial claims during a khula cannot impact the father's legal obligation to provide for his children's upbringing, education, and essential living standards moving forward.
Original article: Emarat Al Youm — UAE Court Grants Second Khula Divorce to Mother of Ten