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Abu Dhabi, UAE

Can I appeal higher than the Abu Dhabi Cassation Court?

Dear Sir/Madam,

Can I appeal higher than the Abu Dhabi Cassation Court?

The court has ruled that I am not entitled to a custodian housing allowance because I obtained khula, but this is against the law.

Housing is a component of alimony and cannot be forfeited as it belongs to the child.

What are my options now?

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KHE Legal Consultancy
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10 Apr 2023, 21:27

Dear Questioner,

The law stipulates that mutual consent in divorce is not valid to forfeit alimony or custody of children, meaning that one of the wife's rights upon divorce is to retain custody of the children and receive alimony from the father to spend on the children's upbringing.

The husband takes the dowry. You can file an appeal, but the final decision will depend on a full study of the case so that we can direct you appropriately.

Laila Hamza Al Mulla Advocates and Legal Consultants
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11 Apr 2023, 11:40

Dear questioner,

Yes, it is possible, but the issue must be studied, as housing is one of the rights of children and it is not permissible to waive it.

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