Questions & Answers
Questions & Answers
3 available 3 • View allاحتساب بدء تاريخ إسقاط النفقة الزوجية لعدم تنفيذ دعوى الطاعة
3
س: قدمت على دعوى طاعة بتاريخ 23/12/2019 وتحصلت على إلزام بالطاعة بتاريخ 14/06/2020 مع رفض دعوى الطلاق. لم تنفذ الزوجة الطاعة وقدمت على دعوى إسقاط نفقة زوجية قيدت بتاريخ 24/03/2021.
هل حكم إسقاط النفقة الزوجية في حال عدم تنفيذ حكم الطاعة يكون من تاريخ تقديم دعوى الطاعة 23/12/2019 أم من تاريخ الحكم بالطاعة 14/06/2020 اأ من تاريخ حكم دعوى إسقاط النفقة التي ستكون بعد 24/03/2021؟

Jan 29, 2021
1846
Possibility of reducing ex-wife alimony after her remarriage


2
Q: Hi,
My husband and I are non-Muslim ex-pats in Dubai.
During my husband's divorce 3 years ago, his ex-wife demanded custody of their son and alimony monthly payments of 30K, which the judge granted.
He did not have money for his own lawyer. He runs his own small company and is now in deep financial debt due to the payments.
We have tried our best to keep up the payments (my salary supports us, as he gives most of his earnings to his ex-wife).
She has threatened repeatedly to have him arrested if he is late/short on payments or does his best to honour the court order.
She remarried 3 months ago, to a man that is financially well off, lives in a great house, goes on holidays and refuses to work despite being qualified.
She is now on her new husband's visa. We would like to understand if her remarriage can help us to reduce and renegotiate the payments to a more reasonable, sustainable amount.
He wants to support his child, but we face certain bankruptcy and his company is failing.



Mar 11, 2020
534
هل يجب انتظار إعلان الزوجة بدعوى الطاعة ورفضها لطلب إسقاط النفقة؟

3
س: السلام عليكم،
تقدمت لقاضي التنفيذ في دعوى تنفيذ الطاعة الزوجية بإمارة أبوظبي بطلب شهادة تفيد رفض الزوجة تنفيذ حكم الطاعة. وكان قرار القاضي كالتالي:
"بعد الاطلاع تقرر الآتي: استعجال مخاطبة الدعم الاجتماعي لإعلان المنفذ لها بالدخول في طاعة زوجها المنفذ له والرجوع لمسكن الزوجية المعد من قبله. وفي حال عدم تنفيذها لما سبق أعلاه، يتم اعتبارها تحت طائلة ممتنعة عن التنفيذ واستعجالهم بإرفاق الإفادة."
هل هذه الإفادة كافية لرفع دعوى إسقاط النفقة أم لا بد من عمل دعوى توجيه أسري لإسقاطها؟
وفي حال أنه لا بد من دعوى توجيه أسري، ما فائدة هذه الافادة؟
وهل إسقاط النفقة يتم عن طريق رفع دعوى ابتدائية أم من خلال قاضي التنفيذ؟


Jan 30, 2021
2282
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
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