Abu Dhabi: The Al Ain Court for Civil, Commercial and Administrative Cases has ordered a man to pay his ex-wife Dh10,000 in compensation for the moral harm she suffered after he refused to hand over their two children despite final court rulings confirming her right to custody.
The woman filed a lawsuit against her ex-husband seeking Dh45,000 in compensation for material and moral damages, along with legal interest at 12 per cent from the date the case was filed until full payment. She also asked that he be ordered to pay court fees, expenses and legal costs.
She said the defendant refused to hand over their two children despite final court rulings granting her custody and ordering that the children be handed over to her. She subsequently initiated enforcement proceedings, but he continued to refuse to comply.
The man was later criminally convicted over the incident and sentenced to one month in prison, with the execution of the sentence suspended for three years.
During the proceedings, the woman argued that her ex-husband’s refusal to comply with the custody ruling caused her material losses arising from expenses related to judicial and enforcement proceedings and visits to the relevant authorities.
She also claimed moral damages for the psychological pain and anxiety she suffered as a result of being deprived of her two children.
In response, the defendant submitted a memorandum seeking the dismissal of the lawsuit on the grounds that the alleged harm had not been established. He said the children had been handed over before the final criminal ruling was issued and that the delay occurred because they had refused to go with their mother.
The court said in its reasoning that the criminal ruling had convicted the defendant of refusing to hand over the children to the person legally entitled to receive them under a final judicial ruling. His wrongdoing had therefore been established, and he could not dispute either the occurrence of the offence or his responsibility for it.
The court found that his refusal to comply with the custody ruling, and the resulting deprivation of the mother’s custody rights during that period, caused her moral harm in the form of sadness, anxiety and psychological suffering.
It said this harm could be inferred from the nature of the act and the circumstances of the case, and that there was a causal link between the defendant’s wrongdoing and the harm suffered by the woman, warranting compensation.
However, the court rejected her claim for material damages, finding insufficient evidence to establish a specific financial loss directly resulting from the defendant’s actions.
The court ordered the man to pay his ex-wife Dh10,000 in compensation for moral damages, as well as court fees and expenses. It rejected all other claims.
Source: Emirates 24|7