Divorce Can also be Rejected

January 26, 2022

A Divorce Case can also be rejected by the Court. Divorce filled without any reason can be rejected by the Court, as this is the provision available in the judiciary. Divorce should not be confused with Khula by Muslim couples. Divorce is filled by women when men are declared accused and responsible for the divorce or any kind of loss. Khula grants the complete right to a Muslim lady to get separated but she has to give up several rights as per Sharia Law of Islam. Article 118 from the Law can be checked in this regard, where it is fully mentioned that a divorce claim can be rejected by the court if that is not found legal or legitimate. The party which is not happy also has the right to file a new lawsuit. Such Lawyers are called as Family or Divorce Lawyers.

When the reconciliation committee is not successful in creating reconciliation and either party is not convinced then two arbitrators are allocated by the judge. These arbitrators will be finding the real reasons and the genuine reasons for asking for the divorce. If the reasons can be found, then the judge might order the divorce. If the arbitrators are also a failure in their work then both parties are again called by the judge for the reconciliation. If it does not work then divorce is issued. As we stated above there is a difference between a divorce and a Khula. When Khula is filled by a Muslim lady then she is granted the separation as per Sharia Law.

Let us tell you that Child Custody is the first right of the mother. Father is made the guardian but the mother has the first priority to getting the child custody. Once the age is finished(described by the law)then custody is given to the father. But if the children are still not ready to live with their father then a family committee is designed by the court to analyse the situation of either children are truly right for not living with their father or not. For example, the age of a girl is 7 years then the mother will take custody. If the age of the boy is 10 years then still mother will take custody.

There is a question here if the mother is not competent or not situated with a reasonable profession then what father should do? He has the right to apply for Child Custody due to the incompetency of the mother based on any reason or reasons. However, it must be kept in mind that Mother has the first priority to win child custody as per the Sharia Law and as per other personal status laws.

We are also posting here a useful link to an article by Dubai’s most senior Emirati Advocate and Legal Consultant. The article can be studied by law students and can be read to grab useful information from those who are seeking legal aid.