UAE Court Fines Wife Dh50,000 For Cheating On Husband; Grants Divorce & Child Custody To Man

A woman in Dubai who cheated on her husband was ordered to pay a fine of Dh50,000 (INR 10 Lakh approximately) after the man filed a complaint and reported her suspicious behaviour. Court has ruled in favour of the husband and subsequently he has been granted a divorce as well as child custody.

The husband found some serious and extreme behavioural changes in his wife for no valid reasons. Neither their relationship was going off nor the husband’s actions towards his wife were cruel, and this made him suspicious. However, the man wanted to be sure before casting allegations and thus he preferred to gather all evidences of cheating, and build a strong case.

The husband started tracking his wife and found out that she would wait for him to leave from home for work. After he would be away, she would go out to meet her paramour at various restaurants. Later, when she thought situations might worsen for her, she would visit private places that were meant for families only.

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The dismayed husband finally lodged a criminal offence complaint against his wife. He also charged her for having an unlawful affair. The Fujairah Police soon after receiving the complaint commenced the investigation in the case, gathered all the evidence, and ended up arresting the woman and her paramour.

The Fujairah Civil Court ordered that the woman was indeed found to be guilty and hence, she was asked to pay the fine according to law.

Thereafter, the husband filed another case where he wanted a legal divorce. As per local laws of the land, he was granted a default divorce. The matter was referred to the family counseling section, however, with default divorce, the court also dropped the woman’s rights, resulting in the husband acquiring the custody of their children.

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The husband also requested the court to take into account the trauma he had faced through the time, due to the cheating by his wife, for which he also demanded legal compensation. It is then that the court ordered the woman to pay the fine of Dh50,000 for the mental harassment she has caused to her husband.

Adultery Law In India

When we as in Indians talk about “equality”, do we really practice it in reality? Equality is not actually equal in our country. Let’s understand what the Adultery law is and where does it stand today.

Section 497 of the Indian Penal Code (IPC) deals with the Adultery law, wherein a married man when gets into sexual intercourse with another woman other than his wife; or, a married woman gets into sexual intercourse with another man other than her husband.

Before 2018

The law dictated that the woman could not be punished as an abettor. Instead, the man (her paramour) was considered to be a seducer. A man accused of adultery could be sent to a prison for a maximum of five years, made to pay a fine, or both. Nowhere, the woman was charged or sentenced for her actions.

Now

Extramarital sex is not a criminal offence in India anymore. In September 2018, the country’s Supreme Court struck down a colonial-era law that prescribed a maximum imprisonment of five years to men for adultery. However, the offence still remains a valid ground for divorce.

A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the property of their husbands. CJI Dipak Misra then quoted,

It’s time to say that (a) husband is not the master of (his) wife.

Our Take:

One can always say adultery or cheating in a marriage may be morally incorrect, but then who defines these morals! However, the matter becomes unfair, when a woman is openly indulging in adultery, yet the husband has to either live with the situation or be ready to face false criminal charges relating to women centric matrimonial laws.

There is no implication whatsoever for a wife who chooses to live in adultery; also, in case she ends up filing false domestic violence case against man and his family, the adulterous woman is also provided with monthly maintenance or one time lumpsum alimony.

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