Khaberni - A woman requested the dissolution of her marriage contract due to harm, because her husband treats her harshly at home, and intentionally directs insults and verbal abuses at her through the "WhatsApp" application, in addition to the repeated insults that made marital life between them impossible.
In detail, a wife filed a divorce lawsuit for harm before the Sharjah court, asserting in it that her marital life began calm and stable, but over time witnessed continuous disputes and arguments, in addition to the husband's refusal to provide for her and their child. The wife presented the court with screenshots from messages via "WhatsApp" containing offensive phrases and repeated insults from her husband, affirming that marital life between them had become impossible.
The wife requested the court to divorce her for harm, and to rule in her favor for alimony, enjoyment of divorce, custody expenses, housing, maid services, covering the child's school fees, and travel allowances. After reviewing the lawsuit, the primary court rejected the divorce request due to insufficient evidence, while at the same time obligating the husband to pay monthly child support, educational expenses, and travel allowance, along with handing over the child's official documents to his mother.
The wife appealed the judgment at the appellate court, adhering to the argument that the abuse evidenced in electronic messages was a sufficient reason for divorce. However, the court refused the divorce on the basis that no legal evidence, witnesses, or official reports were presented to prove harm, affirming that her evidence was limited to electronic messages whose source and context could not be verified, indicating that digital evidence is not considered an independently valid proof in personal status cases unless supported by other physical evidence.
The court added that "the foundation of marital lawsuits is the continuance of cohabitation, and that separation between the spouses is not decreed unless the court is convinced that actual and serious harm has occurred, with which marital life cannot continue."
The court emphasized that transient verbal abuses or temporary disputes do not constitute severe harm that necessitates divorce, especially in the presence of children between the parties, affirming that "divorce for harm" must be based on solid evidence and not on momentary emotions or exchanged text messages.
The court concluded by upholding the first degree verdict that obligated the husband to pay monthly child support of 1000 dirhams, including food, clothing, housing, and medical treatment, and a travel allowance of 500 dirhams per month, and educational expenses, in addition to handing over the official documents of the child to the mother, while rejecting the rest of the requests, affirming that custody remains joint between the spouses as long as the marital relationship exists and no divorce has occurred.
