Questions & Answers
Claim against husband for restitution of marital rights
I am a Hindu married in India in Dec 2017. I came immediately to Dubai with my husband who is an NRI born brought up in Dubai. Soon I was pregnant, was sent to India for abortion against my will around Jan 2018.
I came back to Dubai but my husband who stays with his parents insisted I go back for a few more days to India and sent me back around mid-February 2018, after which he cancelled my visa since he has abandoned me and wants a divorce.
He says he has no money and cannot afford a separate house, his father is wealthy but he is a self-made person. My parents are refusing now to keep me any further at their home in India.
How can I stay now, even forcibly, with my husband in Dubai? My inlaws who are hand in glove in the matter with my husband say that it's their house and will permit only their son, not his wife.
In such circumstances, what are my available options to legally force myself to stay with my husband?
No divorce petition is filed as yet and I will never give a divorce to him.
Dear Questioner,
Greetings.
Thanks for contacting.
You can approach the Family Court of your jurisdiction and claim against your husband for marital rights to be restored, and along with that, you can claim maintenance also from him.
Otherwise, if you can manage to have a visa in Dubai, the same can be proceeded against him before the Personal Affairs Court (Family Court) in Dubai also.
Please feel free to contact me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further clarification or explanation.
Regards,
Anitha Rajeev
Dear Ma’am,
Trust you are doing fine.
With all due respect to your current situation, please be informed that as your husband is currently in Dubai, you can file for all your entitlements in Dubai itself without any visa.
For this, we shall need a Power of Attorney from your end (attested by the Notary and foreign affairs in India). We have dealt with many cases inside the UAE without the need of a visa.
Now talking about your rights, you can file for Alimony (monthly amount for the living, house rent...etc). Along with it, you may also file for damages caused to you due to the forceful abortion done on the request of your husband.
Should you require any further clarification or would like to get in touch with us, please feel free to contact us at 045547635 or you can drop an email at info@awsuwaidi-advocates.com
Best regards,
Aws M. Younis
