Questions & Answers
Can I file a complaint against my husband for his affair and child with another woman?
Good afternoon,
I am reaching out for some help as I am in a very distressing situation. My husband and I (both Hindus) moved to Dubai in 2019 from the UK.
In 2021, he started having an affair with his work colleague (I cannot confirm her religion as she is from Lebanon) while being married to me.
We had to leave Dubai as my husband's project finished, and we moved back to London at separate times. However, the affair continued while I was alone in the UK.
Now they are living together in Dubai, he is still married to me, but recently they had a baby together. To the best of my knowledge, they are unmarried.
As the affair started in Dubai and is still continuing, now with a child involved, do I have enough grounds to file a complaint?
I have proof of their affair and the baby. My husband has completely neglected me, disrespected the marriage, and put me through emotional abuse and distress.
Your advice and suggestions would be very much appreciated.
Dear Questioner,
If your husband is still a Hindu, you have the right to file an adultery complaint against him and the woman, as he is still your husband and no official divorce has occurred.
However, if he has converted to Islam, he has the right to marry before officially divorcing you.
Dear Questioner,
Thanks for your inquiry!
I'm sorry to hear about the difficult situation you're facing. Here are some considerations regarding your situation under UAE law:
1. Legal Framework:
In the UAE, personal status matters such as marriage, divorce, and custody are governed by Islamic Sharia law for Muslims and by personal status laws for non-Muslims (which can vary by jurisdiction within the UAE).
2. Grounds for Complaint:
Adultery, defined as consensual sexual relations outside of marriage, is considered a criminal offense under UAE law.
If you have evidence of your husband's affair, including proof of the child born out of wedlock, this could potentially form grounds for legal action.
3. Jurisdiction:
Since the affair started in Dubai, where you were residing as a married couple, and has continued with a child born there, UAE courts may have jurisdiction over the matter.
4. Legal Options:
- Filing for Divorce: You may have grounds to file for divorce based on your husband's adultery and neglect.
- Custody and Maintenance: If you have children or are entitled to financial support (maintenance), these issues can also be addressed in court.
- Compensation: In cases of emotional distress and abuse, you may be entitled to seek compensation.
5. Legal Representation:
It's crucial to seek legal advice from a lawyer specializing in family law in the UAE. They can provide guidance on your specific rights, legal options, and the process of filing a complaint or petition in UAE courts.
6. Documentation:
Ensure you have gathered and preserved all relevant evidence, such as communications, photos, and any documentation related to the affair and its impact on your marriage.
7. Emotional Support:
Consider seeking emotional support from friends, family, or counselors to help you navigate this challenging situation.
Given the complexities of international relationships and legal jurisdictions, consulting with us as a lawyer who understands both UAE law and the international aspects of your case will be essential.
We can provide tailored advice and representation to protect your interests and pursue a resolution that aligns with your legal rights and personal circumstances.
Kindly do not hesitate to contact us for further guidance.
Greetings,
