Questions & Answers - Legal Advice Middle East

Seeking divorce from husband for emotional abuse

Q: What are my rights in case of emotional abuse and being held in the UAE against my will and not allowing me to go back to my home country, so that I am unable to file for divorce (khula`)? How can I prove emotional abuse? I have been asking for a divorce for almost a year and a half now, but my husband is not giving me because my parents are not supporting me, what should I do???

Forcing the employer to pay delayed salaries upon a court order

Q: Good day, I am Thiru. I had a case in the court against my employer for not paying my salary for six months. Note: the company has been closed (Commodore Contracting Company L.L.C) The court has issued a judgment in my favour, but my employer is not paying my money. Now, the case is with the enforcement division. Please assist me what should I do now? Is there any other legal way to take action against him?

Requesting a grace period before eviction for bounced cheque

Q: Dear Sir, We have a tenancy contract from January this year for a villa in Springs. The rent was to be paid in 2 cheques, out of which we have paid one and the 2nd cheque was dishonoured due to financial trouble. My husband is currently in custody for some bank related case and my son is on his own at the house. The landlord sent us 30 days` notice through notary that expired yesterday. Can the landlord evict us from the property because we are not in a situation to pay till my husband is out of the legal trouble? We have applied for his bail but the landlord is not ready to cooperate. What is the process for them to get the house evicted because our intention is to pay them but we need some time? Can you guide us, please? The problem is every other day the landlord comes and harasses my son by knocking on the door and calling every day.

Suing the developer for breaching the terms of SPA

Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons. I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request. Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high. Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA. Today, I would like to know what are my legal options to get my money back or at least get some compensation.

العقوبة المحددة لعدد من الشيكات المرتجعة

س: عليه 4 قضايا شيك بدون رصيد وقيمة الشيكات: - مليونين - مليونين وخمسمائة ألف - 150 ألف - 350 ألف تم إلقاء القبض عليه ولَم يتم الحكم عليه فما هي العقوبة؟ مع العلم بأن صاحب الشيك مليونين وخمسمائة وافق على الصلح أما الباقي فلم.

استمرار الكفالة بعد استئناف حكم بالحبس في قضية شيك

س: السلام عليكم لدي قضية شيك غداً والمبلغ كبير 674 ألف لكن تم دفع حوالي 243 ألف من المديونية التي هي أساساً 500 الف، وعندي الدليل. علي كلٍّ، في حال حكمت بالحبس لشهر أو ثلاث واستأنفت مع استمرار الكفالة، هل أخرج فوراً أم في اليوم الثاني؟ أم يمكن أن ترفض النيابة استمرار الكفالة مثلاً لأسبوع حسب ما أخبرني البعض؟ علماً أني مكفل بجوازين.

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Travel ban checking while a case is running

Q: How to check travel ban while a case is running? I have to go and meet my mom and dad...

Seeking to lift a travel ban within the UAE amnesty scheme

Q: Hi, I have a travel ban in the UAE since 2012, and I have tried to get a visit visa many times but it was rejected. Now, I just read about the amnesty scheme 2018 where they are lifting the travel ban. I need your full assistance in this regard. Regards, Syed Azed Raza Lahore, Pakistan.

Appealing a court order of deportation for criminal violation

Q: Hi, My son was found guilty of smoking weed. The charges were consumption and possession for consumption. Can we appeal to cancel the deportation? Does it have any repercussion in case the appeal is denied?

Consequences of tenant eviction on the landlord

Q: Hi, A Dubai Sports City apartment was rented out. The tenant was served a 12 months` notice (reason to sell). The tenant terminated the contract with 2 months` notice and 1-month penalty, 6 months early. The apartment cannot be sold now due to the market conditions, and thinking of renting the apartment out again for a lower rent than before. The apartment is mortgaged so need to rent out. Dubai rental law says that the apartment cannot be rented for 2 years if the tenant is evicted. But as the tenant terminated the contract 4 months early, does it nullify my eviction notice to him? 1. In this case, am I prohibited from renting out the apartment for 2 years? 2. Can my previous tenant take me to the Rental Dispute Center (RDC) though he ended the contract early? 3. If he is successful at the RDC what can the judge award him? He owns several apartments himself in Dubai and moved into one of them. What could the RDC award him in this case? 4. Any other implications for me renting the apartment out again bearing in mind all the above? Any advice appreciated. Thank you

Checking possible cases for unpaid debts

Q: Dear Sir, I want to check if there are any cases registered against me for unpaid debts.

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VAT applicability on private passenger transport

Q: Is private passenger transport by land taxable in the UAE?

Notarization of documents in the UAE

Q: How can I notarize my documents in the UAE? What is the procedure?

إمكانية استبدال غرامة شيك مرتجع بالمنع من السفر

س: السلام عليكم أستاذ ناصر لدي سؤال مستعجل بما يخص بلاغ ضدي على شيك مرتجع ( الشيك يخص إيجار سكن من إحدى الشركات العقارية ). حيث قامت الشركة بفتح بلاغ في مركز الشرطة وأنا عاطل عن العمل منذ سنة ولا أستطيع دفع قيمة الغرامة الجزائية لإسقاط التعميم مبدئياً والحصول على إقامة جديدة. سؤالي هو، هل أستطيع أن أُكفِّل نفسي بأن أطلب وضع منع سفر بدلاً من الغرامة ليتسنى لي إزالة التعميم و الحصول على إقامة جديدة؟؟

Forcing renewal upon the expiry of a limited employment contract

Q: I was working with a company in Abu Dhabi since 2014 and successfully completed my 2-year limited contract. Now, I sent a non-renewal letter to my company after finishing my contract, but they are forcing me to sign one more contract and not releasing me by saying that I am supervising many projects and I cannot leave suddenly. It is very important for me to go back to my country and solve my personal problems. kindly suggest, what should I do? I have already booked a complaint against them in labour but I am worried that through labour dept. it will take time as my employer always skip court hearings. Kindly suggest and also correct me if I am wrong, do the employee in a limited contract need to give notice period before the expiry of work permit?

Child custody and application of travel ban

Q: My ex-husband and I just received the final divorce judgement from the court. I was granted custodianship of my daughter along with both her Jordanian passport and Canadian passport (I am her sponsor). If I wanted also to enforce a travel ban in the UAE, how much should this cost approximately? Or can I file it myself? Is it just an application request or an actual court procedure?