Questions & Answers
My wife lost a divorce case for no harm and filed an appeal now. What can I do?
My wife filed a divorce case due to harm. It was rejected as there was a reconciliation between us, and she took back the police complaint. That's why the court rejected her case.
Now she filed an appeal with the same allegation without any new incident or any new evidence. There is no police report or medical report in the appeal court.
She made many wrong allegations, which I defended; however, tomorrow we have the judgment.
If her appeal is accepted and the previous judgment is reversed, what are my options?
Can I file an appeal in the appeal court, or do I have to go to a higher court, as the first judgment was in my favor?
And if her appeal got rejected, what are the options she will have?
Dear Client,
Peace be upon you.
Based on the details you provided:
Background:
Your wife filed for divorce, citing harm.
The first court rejected her case due to reconciliation and withdrawal of the police complaint.
She has now filed an appeal without new incidents or evidence, making many allegations that you have already defended.
If the Appeal is Accepted:
If the appellate court overturns the first judgment, she may be granted the divorce or other remedies claimed.
You have the right to challenge this appellate decision by filing a further appeal to a higher court (e.g., Court of Cassation or Federal Supreme Court, depending on jurisdiction).
Your lawyer can argue that no new evidence exists and that the original judgment was based on a valid reconciliation and withdrawal of complaints.
If the Appeal is Rejected:
The first judgment in your favor remains effective.
She may have limited further options, such as a special appeal or cassation, only if she can present new evidence or procedural irregularities.
Your position is strengthened as the court has already examined her allegations once and rejected them.
Practical Advice:
Attend the hearing with your lawyer to ensure all arguments and evidence are clearly presented.
Keep a record of all police reports, reconciliations, and previous judgments as supporting documents.
Be prepared to appeal to the higher court only if the appellate court rules against you.
If you want, we can review your case documents and provide a strategy for both outcomes, ensuring your rights are fully protected before the judgment tomorrow.
Best regards,
The appeal will be rejected, and she may not file another lawsuit for six months.
Hi,
Thank you for sharing the details of your case.
Based on the information provided, if the appeal court issues a judgment reversing the original decision in your favor, you have the right to challenge this outcome by filing a cassation appeal within 30 days, limited strictly to legal or procedural errors, as the Cassation Court does not re-examine evidence or facts.
If the appeal is dismissed, the original judgment remains enforceable, though your wife may still attempt a cassation appeal under the same legal constraints.
Given the complexities and the finality of cassation proceedings, I strongly recommend scheduling a consultation to review the appeal judgment carefully and assess the legal grounds available for further action.
Please let me know a suitable time to meet, or feel free to call my office directly to arrange a consultation.
Best regards,
Dear Inquirer,
In divorce cases based on harm, the appeal court may either uphold the first judgment or reverse it, depending on the evidence presented.
If her appeal is accepted and the previous judgment is overturned, you will still have the right to challenge it before the Court of Cassation.
On the other hand, if the appeal is rejected, your wife may also seek to escalate the matter further.
Given the sensitivity and complexity of family cases in the UAE, we strongly recommend consulting a lawyer to review your case documents and represent you effectively.
You may book a consultation or appoint FUTURE VISION ADVOCATES & LEGAL CONSULTANCY to act on your behalf.
If your wife's appeal is accepted tomorrow, your first option is to file an appeal with the Supreme Court, as you were the party who won the initial ruling.
Strong legal grounds are required to overturn the appeal. You should consult a qualified attorney to assess the grounds for your appeal and explain the necessary legal procedures.
If my response was helpful, please consider rating our service positively to help us improve the quality of our services.
We are honored to provide you with specialized legal support for your case
If you have any further inquiries regarding your matter, we would be happy to assist you.
