How can I protect myself from false claims and maintain my rights in divorce and custody matters?

Dear Questioner,

Given the situation you are facing, here are some answers to your queries:

1. File a Defamation Case:

In the UAE, defamation is a criminal offense. If the allegations made against you are false and have caused damage to your reputation, you can take the following steps:

- File a Criminal Complaint: Go to the police station to file a formal complaint about the false allegations. The police will investigate the matter and if your complaint is found to be true, the case will be referred to the Public Prosecution.

- File a Civil Case: After completing the criminal proceedings, you can file a civil case to claim compensation for the damage caused to your reputation as a result of the defamation.

2. Reject Divorce Proceedings in the UAE and Pursue Them in India:

As you and your spouse are Indian citizens and residents of the UAE, you have the following options:

- Apply the law of the country of origin: According to Article 13 of the UAE Civil Transactions Law, the law of the country to which the husband belongs at the time of divorce will apply. Hence, you can seek the application of Indian law in the UAE courts.

- Proceed with Divorce in India: You can choose to pursue divorce proceedings in India under Indian Christian law. However, you may face challenges regarding jurisdiction and enforcement.

3. Avoid maintenance/alimony costs:

In the event of a divorce, you may be required to pay alimony or maintenance costs, depending on:

- Applicable law: If Indian law is applied, maintenance will be determined according to its provisions.

- Circumstances of the case: The court will take into account factors such as the income of the parties and the needs of the child.

For assistance, please contact us via phone or WhatsApp at [---------].

Hello,

Divorce proceedings can be initiated in the UAE, but under UAE law, the court will consider the jurisdiction for divorce proceedings.

Typically, the UAE allows for divorce proceedings if either party is a UAE resident. However, if you and your wife were married under Christian law in India and the marriage was registered there, you may have the option to request that the divorce be handled under Indian law.

This could depend on both parties' consent and other factors like the location of assets, children, and the specifics of the case.

In the UAE, for alimony to be awarded, there typically needs to be a legal basis for divorce. If you successfully defend against any divorce proceedings on the grounds of no fault or insufficient grounds (such as in the case of false claims), the court might not grant alimony.

However, if your wife files for divorce, the court may still consider child custody and maintenance claims.

If the defamation is happening in the UAE (for example, through online platforms or publications), you could file a defamation suit under UAE law.

The UAE Penal Code also includes provisions for defamation, and the authorities may take action if someone’s reputation is damaged through false statements.

For further assistance, kindly share your WhatsApp number.

It's unfortunate that your wife has filed a case against you with false accusations. While you've responded to the accusations, it's crucial to take proactive steps to protect your rights and reputation.

To address the libelous accusations, there are certain procedures to be followed.

You may continue to respond to the accusations with evidence and counterarguments.

If possible, challenge the evidence presented by your wife. If you believe there is no basis for maintenance or alimony, you can challenge the claim in court.

We will discuss the possibilities to convince the judge to reconsider the case.

Kindly share your WhatsApp number to discuss this further.

Dear Questioner,

You can adhere to the application of the law of your country and your sect so that the court does not rule on divorce in the Emirates.

You can also file a lawsuit to claim compensation against your wife if the words you mentioned constitute the crime of insult according to Emirates law.

You can also demand compensation from her for that insult as well.

Thank you for reaching out with your detailed inquiry regarding the legal issues you are facing. I understand how challenging this situation must be for you.

To address your concerns:

- Raising a Case for Libel:

You can raise a defamation case (criminal or civil) in the UAE if the accusations made against you are proven false and have harmed your reputation.

However, the success of such a claim will depend on the evidence and the specific wording used in the allegations. I can assist you in assessing the merits of this case and filing the appropriate legal action.

- Divorce Proceedings Jurisdiction:

Under UAE law, as a Christian, you have the option to request the application of Indian Christian law for divorce and related matters.

However, this does not automatically exclude the jurisdiction of UAE courts. We can strategize the best course of action to handle these proceedings based on your preference.

- Maintenance and Alimony:

The obligation to provide maintenance or alimony depends on several factors, including whether divorce proceedings are filed, the grounds for divorce, and the specific laws applied.

If there are no valid grounds for divorce and the case lacks merit, this may strengthen your position to contest any claims for maintenance.

This situation requires careful legal navigation to protect your rights and reputation. I would be happy to assist you further and represent you to ensure the best possible outcome.

Please feel free to reach out to me via WhatsApp or phone at [---------] to discuss the details and plan the next steps.

Best regards,

Suhail Rana

To raise a case of libel in the UAE, you should gather relevant evidence to support your claim, consult a lawyer specializing in defamation or family law, file a formal complaint with the court, attend court hearings to present your evidence and be aware that a successful outcome may lead to compensation and impact custody matters.

In terms of refusing divorce proceedings, you may argue for jurisdiction in Indian courts due to your marriage under Christian law in India, but you should engage an attorney knowledgeable in both Indian and UAE family law.

If pursuing divorce in India, ensure compliance with the Indian Divorce Act.

Regarding maintenance or alimony, you can contest claims by demonstrating a lack of financial need or fault, but the final decision will depend on the court’s discretion, emphasizing the importance of professional legal assistance in navigating both legal systems.

Dear Questioner,

Thank you for reaching out and providing the details of your situation. I understand the distress you may be facing, and I would like to address your questions based on UAE law and Christian law.

1. Challenging the Travel Ban and Raising a Libel Case

You have rightly responded to the court’s approval of the travel ban and denied the accusations made by your wife. To further protect yourself and your reputation, you can take the following steps:

- File a Libel Case: In the UAE, criminal defamation (libel) is a serious offense under the UAE Penal Code. You can file a complaint against your wife for falsely accusing you of threats and forcibly taking the child’s passport. Ensure you present any evidence that disproves these allegations.

- Provide Evidence: Submit evidence showing that the claims are unfounded. For example, any communications or proof that you never threatened to take the child abroad without returning or that the passport was not forcibly taken.

2. Divorce Jurisdiction: UAE or India?

While both the UAE and India may have jurisdiction over your case, as residents in the UAE, the local courts can accept jurisdiction in matters related to personal status, including divorce. However:

- Request Transfer to India: You have the option to request that the divorce proceedings be transferred to India, where Christian law applies. This will depend on the court’s acceptance of the jurisdiction and the fact that you were married under Christian law in India.

- UAE Court's Jurisdiction: If your wife files for divorce in the UAE, the UAE court is likely to accept the case, especially since both of you reside here. However, you can argue that India is the appropriate forum for your divorce.

3. Avoiding Maintenance/Alimony

- Alimony: The UAE courts may award alimony depending on the circumstances of the divorce, but if there is no fault on your part, you may have grounds to contest alimony claims.

- Child Support: Regardless of the divorce proceedings, child support obligations may still apply. In UAE law, the father is usually responsible for supporting the child financially until they reach adulthood.

4. Next Steps and Recommendations

- Continue gathering evidence to challenge the travel ban and false accusations.

- Seek legal counsel to file a libel case against your wife to protect your reputation.

If divorce proceedings are initiated, work with us as a lawyer to argue for the case to be heard in India, or at least to minimize any financial obligations under UAE law.

I recommend discussing these matters with us directly. We will be able to guide you through the process and ensure that your rights are fully protected.

Please let me know at [-----------] if you need further assistance or clarification.

Best regards,

Mohammed Salah

What your wife did is not against the law.

You can request the court here in the UAE to apply Indian Christian law to your case, but you cannot refuse the trial as long as you both live here.