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family law

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November 28, 2017

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Family matters Q&As: My sister and I filed against my husband. Can I drop it?

Question: I am Asian. My husband and I live in the UAE together and we do not have children. Once when my husband and I were arguing, in the presence of my sister, he hit us both. We both have medical reports and both filed a criminal case against him. After he apologised to us I agreed to drop the case but my sister is refusing. Can I drop the case without her consent or is her acceptance is essential? Do I have to drop the case personally or can I ask my lawyer to do it on my behalf?

Answer: In general you can submit the release, personally or through your lawyer if he has a power of attorney. It is a right of the victim, in cases such as yours, to drop the charges against the husband in accordance with Article 16 of Criminal Procedure Law No 35 and its amendments. But the same law requires, in case all victims are not waiving their rights, that your waiver will not make an impact, as per Article 16/2 of the same law.

Question: We are a transport company and provided services to a client for a shipment from the UAE to Saudi Arabia. We have copies of our email communication and the agreed rates but the company has not paid us for more than eight months. We have been advised that the cheque is with the authorised signer but not signed yet. The same excuse is given to us every time we contact them. They have never refused to pay us the money but are not paying us either. Please advise.

Answer: The key point is you have to decide where to file your case and which court has the jurisdiction to decide, whether in Saudi Arabian or UAE courts. Jurisdiction will normally be given to the courts where the respondent is, which means in your case you have to file in Saudi Arabia. If the contract was signed or executed in the UAE you may still have a chance to file here. In case you file your claim, you may depend on the invoices, legal process outsourcing, delivery notes, bill of loading and undersigned contracts if there are any. The emails where they admitted they have to pay you are strong evidence and have to be used to support your claim.

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