Awatif Mohammad Shoqi Advocates & Legal Consultancy
مكتب عواطف محمد شوقي للمحاماة والاستشارات القانونية هو من أبرز مكاتب المحاماة الشاملة الخدمة في الإمارات، مكرس لتقديم المشورة الثاقبة والحلول القانونية لعملائه، والتعامل مع أكثر القضايا تحديًا وأهمية لديهم. تأسس المكتب عام 2003 تحت اسم «محامون بلا حدود»، وقد شهد نموًا وتحولًا كبيرين، culminated في إعادة تسميته مؤخرًا باسم صاحبة ترخيصه الموقرة، عواطف محمد شوقي.
وبتاريخ عريق وفهم عميق للمشهد القانوني في الإمارات، يقف المكتب كعمود من القوة والإرشاد لكل من العملاء المحليين والدوليين المقيمين في الإمارات. ويتيح لنا مقرنا الرئيسي في دبي البقاء في طليعة المشهد القانوني المتغير باستمرار في المنطقة.
مرخَّص لتقديم مجموعة شاملة من الخدمات القانونية والنيابية في الإمارات، يُعد مكتب عواطف محمد شوقي للمحاماة والاستشارات القانونية شريكك الموثوق عند التعامل مع المسائل القانونية المعقدة بحكمة وخبرة.
Firm Information
Founded
2003
Team Size
50 people
Office
1 location
Website
www.alrowaad.ae/Verified Law Firm
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Contact our office for legal assistance.
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The H Office Tower 29th floor, Sheikh Zayed Road, PO Box 40073, Dubai, United Arab Emirates
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الأخلاق والمسؤولية المهنية
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Successful outcomes we've achieved for our clients
Woman Jailed for Dh1 Million Extortion Attempt After Affair With Married Man Ends
الدفاع الجنائي
Woman Jailed for Dh1 Million Extortion Attempt After Affair With Married Man Ends
الدفاع الجنائي
A 45-year-old beautician, accused of threatening to tarnish a man’s reputation unless he paid her Dh1 million, has been sentenced to three months in jail. The Court also directed the authorities to deport the accused after her prison term.
The Dubai Criminal Court heard the case last Wednesday that the Polish defendant used sensitive personal information to extort the claimant, a 57-year-old Australian consultant with whom she had an intimate relationship.
According to records, the relationship between the two turned sour after the woman discovered that the man was married, leading to a confrontation where she demanded compensation.
“Despite my client’s payment of Dh300,000 in an attempt to maintain his family’s ignorance of the affair, the woman reportedly persisted in her threats,” said the man’s Emirati lawyer, Awatif Mohammad from Awatif Shoqi Advocates, during the court proceedings.
Court records show that the couple met in September 2022 and parted ways in March 2023 when the man decided to prioritise his marriage and family. “She waited for one month after they broke up and then started sending a series of disrespectful messages,” said the lawyer in court.
The beautician also made repeated calls and threatened to defame the man if he didn’t pay her Dh1 million. “She managed to obtain his wife’s, children’s, and other family members’ contact numbers and sent them intimate photographs of the couple,” the lawyer added.
The man reported her to the police in May last year. In addition to the criminal proceedings, the lawyer has filed a civil case demanding temporary compensation of Dh51,000 for the emotional damages inflicted upon the client, who feared losing his family and reputation.
The Criminal Court convicted the woman, sentencing her to three months in prison, followed by deportation. Additionally, it ordered the referral of the civil case to the Civil Court.
Dubai Court Applies Indian Marriage Law in Divorce Case
العائلة
Dubai Court Applies Indian Marriage Law in Divorce Case
العائلة
UAE law allows non-Muslim expats to invoke their own laws in personal status cases
Dubai: In a rare development, a Dubai court has used an Indian law to grant a man divorce, leading to him gaining custody of his children.
It comes in line with a new UAE Federal Personal Status Law (Federal Law No. 41 of 2022) that took effect in February 2023, which grants non-Muslim expats the option to request a UAE court to apply their own country’s law regarding family matters such as marriage, divorce, child custody and other areas.
In the recent case heard at Dubai Court of Personal Status, the man and woman – both Hindus – were British nationals of Indian origin.
The verdict came after the court reviewed the evidence, including medical reports and testimonies, which proved the mother to be mentally and emotionally unfit to raise the children.
Setting the legal framework
The Dubai court granted the divorce to the husband, relying on an Indian marriage law from 1955 as the legal framework for the decision. The wife had requested that the Indian law be used in the case.
Despite attempts by the wife’s legal team to argue that the said Indian law does not support divorce under the circumstances cited by her husband, the husband’s lawyers successfully refuted this claim.
They provided compelling evidence that under Indian law, divorce can indeed be granted if one of the spouses suffers from an incurable illness, thereby satisfying the conditions necessary for the dissolution of the marriage.
Filing for divorce
The case initially began in September 2022 when the husband, aged 47, filed for divorce. The matter was initially taken to the reconciliation section. When attempts to reconcile the couple failed, the case was referred to the Dubai Court of Personal Status in March 2023.
The couple, who married in 2011 in India, have two children, ages 8 and 6.
Woman’s behaviour
The father requested that he be granted custody, citing the mother’s behaviour as detrimental to the family. The husband submitted evidence that his wife was abusive to him and their children. Court documents also revealed that the wife, aged 46, had a history of bipolar and emotional disorders.
He accused her of frequently overreacting, divulging family secrets to his co-workers, and disposing of personal family items by giving them to strangers.
The husband also indicated that despite various attempts, his wife remained in denial about her mental condition and consistently refused medical treatment.
In her defence, the wife claimed that despite her husband’s substantial monthly salary and rental income from a Dubai apartment, he was not covering her living expenses. These claims were refuted by documents submitted by the husband’s lawyer.
Schizophrenia
Corroborating the husband’s claims, a domestic helper who had worked for the family testified that the wife had been exhibiting strange behaviours, mistreating the children, and frequently calling the police for trivial matters.
A friend of the husband told the court that the wife had been admitted to a mental health facility last year after showing disturbing symptoms.
Emirati lawyer Awatif Mohammed of Al Rowaad Advocates (Now known as Awatif Mohammad Shoqi Advocates & Legal Consultancy) told the court: “Medical reports confirm that the defendant suffers from schizophrenia. This has been a persistent issue that poses a risk to the plaintiff and now threatens the lives of their children due to her abnormal and unpredictable actions.”
In August this year, the court ruled in favour of the husband, granting him divorce and custody of their children.
Dubai Courts Dismiss Case of Widow Claiming Late Husband’s Inheritance
قانون الميراث
Dubai Courts Dismiss Case of Widow Claiming Late Husband’s Inheritance
قانون الميراث
The husband had left behind more than 29 apartments, villas, land plots and luxury cars.
A widow has failed at a Dubai court to prove the authenticity of her late husband’s will, in which she was left the majority of his Dh734 million ($200m) estate.
The Lebanese woman, 75, asked Dubai Court of Personal Status to acknowledge the document, which she said was written in 2013.
She said the dead man, from Canada, who was a partner in a UAE-based construction company, had asked for Canadian inheritance law to be implemented during the will’s execution.
She sought to exclude her husband’s siblings from the bulk of the inheritance, from which she was due to receive 29 apartments, including the couple’s home in Dubai Marina, three villas, 10 land plots in different areas of Dubai and four luxury cars.
Judges heard the woman filed the case more than a year after the man’s death in Dubai in October 2020.
They were told she did so only after an inheritance inventory request was submitted to UAE courts by the childless man’s two sisters and brother, his closest relatives.
“The request for inventory was submitted with her knowledge and she filed for the case more than a year after her husband’s death,” lawyer Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy told the court.
The widow failed to prove the authenticity of the will in court and no evidence was found to prove the will had been registered in the UAE or Canada.
“A copy of the will, which the wife initially rejected to submit to court, was referred to the criminal laboratory in Dubai which compared the signature on it with his signature on the passport,” said the lawyer.
He presented evidence by experts who said the signature on the two documents was not identical.
Following several court hearings, judges ordered that the woman’s case be dismissed.
The ruling can be appealed within 30 days.
In similar verdicts where inheritance claims have been dismissed, the disputed inheritance has been divided according to UAE laws.
Dubai Court Acquits Woman of Drug Charges
جريمة مخدرات
Dubai Court Acquits Woman of Drug Charges
جريمة مخدرات
Lawyer argues that eased penalties under the country’s new drug law should apply since the woman is a first-time offender
A South American woman — who had been caught with marijuana at Dubai International Airport (DXB) — was cleared of drug charges under the new UAE laws.
The Dubai Criminal Court acquitted the defendant, stating that the amount of drugs found in her possession proved that it was meant for personal use. She was also a first-time offender.
The 39-year-old defendant was arrested in April this year upon her arrival at DXB. A luggage search revealed that she was carrying more than 61g of Cannabis packed in two cigarette rolls.
During the interrogation, she admitted that the marijuana was hers but argued that it was only for personal use. Urine tests also showed traces of Cannabis in her system.
Her Emirati lawyer, Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, argued that eased penalties under the country’s new drug law should apply to the woman because she was a first-time offender.
The verdict, which was issued last week, is subject to appeal within two weeks.
Dubai appeal court overturns drama coach's indecent assault conviction
الدفاع الجنائي
Dubai appeal court overturns drama coach's indecent assault conviction
الدفاع الجنائي
Prosecution witness, whose account played a part in his conviction, changed his statement in the appeal
A drama teacher who was convicted of sexually assaulting a child in Dubai has been acquitted after a prosecution witness retracted his testimony.
The man, 56, in a previous hearing was sentenced to six months in prison and deportation over the attack on an Emirati girl, 10, at a studio in Dubai where she was taking lessons.
He denied the charge, telling police it was a malicious claim by the mother of the child.
On Monday, the Dubai Court of Appeal overturned its conviction and acquitted him.
The judgment was reversed after a witness who told investigators he saw the girl sitting on the man’s lap changed his statement.
“I said that I saw the child in the instructor’s lap, which didn’t happen. I was coerced by the child’s family to say so,” the witness said in court last week.
“They told me they knew people in power and will get me deported,” he said.
“But when I heard of the sentencing against him [the defendant] I felt like I had destroyed the family’s life and therefore came to tell the truth.”
The man’s other colleagues who were questioned at the time said the alleged incident did not occur and that the child had not attended class on the day in question, December 2, 2020.
The teacher’s lawyer, Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, told judges that her client was being framed by the child’s mother because he rejected her advances.
The lawyer provided the court with copies of provocative pictures of the child’s mother which the woman had allegedly sent to the teacher.
Claims of inconsistent evidence
Ms Mohammed said prosecutors accused her client of taking the girl to a soundproof room, locking the door, then touching her inappropriately.
“All witnesses at the time testified the girl didn’t come to the studio that day and said my client was a decent man,” she said in court.
The girl stopped attending classes in the studio in November 2020, one month before the alleged incident, she said.
Ms Mohammed also said the testimonies of the child’s parents were inconsistent and the case was reported more than three months after it allegedly happened.
Judges were additionally provided with a forensic psychoanalysis report which stated that the child narrated the events in an order and used terms that did not reflect her young age.
The report concluded that no indications have been found to prove the child was subjected to sexual abuse.
Man Wanted for Double Murder in Albania Fights Extradition From Dubai
تسليم المطلوبين
Man Wanted for Double Murder in Albania Fights Extradition From Dubai
تسليم المطلوبين
Records show that the man was not in Albania when the crime was committed
The Dubai Court of Appeal on Tuesday rejected Albania’s request to extradite a man wanted for double murder because of a lack of evidence.
The Albanian authorities filed a request early last year seeking his extradition on charges of facilitating murder, possessing weapons without a licence, and being a member of an organised crime syndicate.
Awatif Mohammed, the man’s lawyer, said the request was turned down because the UAE and Albania have no extradition treaty and the man was not in Albania when the crime was committed.
Investigators in Albania told Dubai authorities that the resident, 40, hired two assassins in 2012 and paid them €50,000 ($56,447) to kill a father and his son.
Officers in Dubai arrested the man, who is originally from Albania, when the case was first filed last year. He was taken into custody when he landed at Dubai International Airport on May 31, 2021. He denied all the charges.
Ms Mohammed, from Awatif Mohammad Shoqi Advocates & Legal Consultancy, said her client’s wife paid Dh200,000 in bail and he was released nearly two months after his arrest, but the case continued.
“My client was detained for nearly 60 days,” Ms Mohammed said. Records proved that he was in Macedonia when the crime was committed in Albania, she said.
The man told the court that the charges and the extradition request were aimed at damaging the reputation of his family, who were contesting elections in Albania.
“One of his well-known political family was running for elections in Albania and my client believes being requested for extradition in a murder he didn’t commit at the time of elections is an attempt to distort his family’s reputation and influence public opinion,” Ms Mohammed said.
She said she fought against prosecutors’ recommendation to approve the extradition request despite acknowledging in writing that it does not fulfil requirements.
“The UAE and Albania do not have a treaty signed in regards to extradition requests and this request was filed based on the Albanian authorities’ pledge to put the principle of reciprocity into practice,” Ms Mohammed said.
She told the court this practice involves the right to equality between the two countries in the absence of a signed treaty but, in this case, it does not stand as a sole reason to approve the request.
In 2016, the man also won a court case in Albania against the local police for maliciously involving him in the murder.
The court documents did not explain the reason for the long gap between the date of the crime and the extradition request.
Dubai Teenager Faces Legal Action After Tragic Kickboxing Incident
الدفاع الجنائي
Dubai Teenager Faces Legal Action After Tragic Kickboxing Incident
الدفاع الجنائي
A friendly match between two schoolmates has escalated into a legal battle after a teenage boy was left in a coma.
The incident, which happened in the JBR area on a sandy pitch around 9.30pm on November 4 last year, has raised serious concerns about unsupervised sporting activities among youth.
The victim, a 17-year-old from the USA, and his assailant, a 16-year-old British schoolmate, were engaged in a kickboxing match. Both were not wearing any protective headgear.
The victim had been victorious in the initial four rounds, but the tide turned dramatically in the fifth round when the defendant landed a kick to the victim’s jaw, rendering him unconscious.
“We all ran including the defendant to check on him,” said a Canadian friend of both the students.
“He (the victim) regained consciousness and began vomiting at which point we took him to my house nearby.”
But the gravity of the situation soon became apparent, leading to an urgent hospital visit.
The friends called an ambulance that rushed the victim to Rashid Hospital, where he underwent surgery to treat an acute subdural hematoma — a severe condition involving bleeding within the skull but outside the brain.
The victim remained in a coma for several days before finally being discharged on December 15.
The defendant, who has since been charged with physical assault, spent a week detained in a juvenile centre. Later, he was released after surrendering his passport.
Despite denying the charges, asserting the kickboxing match was a friendly sport between schoolmates, the case has moved to Dubai Juveniles Misdemeanour Court.
“He (the victim) is my friend and my schoolmate, we were playing. I didn’t mean to hurt him,” the defendant said in court records.
Representing the defendant, lawyer Awatif Shoqi emphasised the absence of malice or intent to harm in her client’s actions, portraying the event as a tragic accident among friends.
The defendant and the victim are close friends and schoolmates. This was an unfortunate incident that happened in the context of a playful activity,” lawyer Awatif told the court during the legal consultation.
“According to the law, the accused bears no responsibility, as the victim’s injury resulted from an engagement in play initiated by the victim himself,” she said in court.
“Moreover, even if this altercation wasn’t playful, the principle that one cannot benefit from their own wrongdoing applies, particularly since the victim is a professional and experienced kickboxer,” Awatif added.
She argued that the incident, while regrettable, was devoid of any criminal intent or deliberate harm, highlighting the defendant’s immediate distress and concern for his friend as evidence of his good faith.
“The match was a demonstration of skill and strength initiated by the victim, an experienced kickboxer who himself invited their mutual friends to watch,” she told judges.
A verdict will be issued on March 27.
A Woman Is Denied A Divorce And Made To Pay Her Children’s Expenses
العائلة
A Woman Is Denied A Divorce And Made To Pay Her Children’s Expenses
العائلة
The Dubai Personal Status Court has rejected a woman’s request for divorce and alimony of Dh200,000. The court has also ordered her to pay the cost of living for her children.
The woman, from Norway, claimed that she was the primary earning member of her family since their marriage, in 2012.
She stated that all her attempts to convince her husband to take financial responsibilities have failed.
In October 2020, the couple and their two children, aged 9 and 7, flew to Norway.
While there, she said her husband refused to return to the UAE or allow her to take the children with her.
She flew back to the UAE, leaving the children behind, in order to avoid being stuck away from work because of Covid-19 airport closures.
After arriving in Dubai, she claimed, her husband sent her messages from Norway, threatening to keep the kids with him if she refused to sign an agreement related to their financial obligations.
She claimed, she was forced to fly back to Norway where she signed an agreement to be the sole provider for their kids.
The man, who is not a UAE resident, denied his wife’s allegations through his Emirati lawyer, Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy.
“She willingly left her children with him after the couple agreed my client remains in Norway to handle their investments in real estate, in both Norway and the United States,” Awatif told the court.
Awatif submitted copies of WhatsApp chats between the couple that proves her client’s side of the story.
“My client is the one who was emotionally and physically harmed because she abandoned him.”
Last month, the court denied the woman’s request for divorce citing a failure to provide proof of harm resulting from the marital relationship.
After acknowledging the agreement, she signed in Norway, and as per the couple’s religion and laws which consider both sides equal in responsibilities and rights, the court rejected the woman’s request for alimony.
“Ordering the husband to pay an alimony does not stand between non-Muslim married couples especially with documents proving the woman’s monthly income of Dh65,000 and an annual increment of Dh300,000,” the court said as part of its verdict.
Judges also rejected the woman’s request for a housing allowance after documents submitted to court proved that her work provides her with housing.
However, judges granted her custody of her children.
The woman was also ordered to pay legal fees for the case.
American Teacher Cleared of Charge After Tenuous Link to Drugs Package
جريمة مخدرات
American Teacher Cleared of Charge After Tenuous Link to Drugs Package
جريمة مخدرات
A package of marijuana posted to Dubai carried her mobile phone number, but police found no evidence to link her to the drugs
A schoolteacher working in Abu Dhabi has been cleared by a court after a package containing drugs with her phone number displayed on it was uncovered by customs officials.
The packet containing 199 grams of marijuana was delivered to a Dubai branch of Emirates Post Office in August last year.
While it was addressed to a different person, it carried the teacher’s contact number.
Customs officers routinely scan mail to ensure that it does not contain illicit material or substances. An arrest warrant was subsequently issued for the American.
She was arrested by police at Abu Dhabi International Airport as she prepared to fly home to the US on vacation during the school holidays on July 3 this year.
The case was referred to Dubai Police’s anti-narcotics team because the drugs were found in the emirate.
The PE teacher declined to give police a urine sample as part of their investigations until she had spoken to her lawyer.
She was prosecuted for refusing to comply with the request and held in custody for nearly two months as she awaited a court date.
She denied a charge of refraining from following prosecution orders during a hearing on August 24.
A police officer told judges at Dubai’s Court of Misdemeanours the defendant refused to give a urine sample and refused to sign a urine test application as part of the investigation process.
“I tried to convince her twice but she refused to do so before talking to her lawyer,” the officer said.
But the woman’s lawyer said she was merely exercising her right to seek legal counsel.
“She didn’t refuse, she simply asked to speak to me as her lawyer but she was denied that right and was told she would face charges for obstructing legal procedures,” Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy told the court.
Ms Mohammed said her client was asked to provide a urine sample despite the absence of a prosecution order.
“She was terrified because the charge she was faced with at the drug force department was importing drugs,” the lawyer told judges. She also said investigations revealed that her client was not involved in ordering the package.
The woman was cleared of the charge and faces no further investigation over the drug package.
Five Men Sentenced to Death for Killing Businessman in UAE
الدفاع الجنائي
Five Men Sentenced to Death for Killing Businessman in UAE
الدفاع الجنائي
Police trace suspects, stop plane with suspects on board before it took off on runway
Ajman: The Ajman Criminal Court has sentenced five Asians to death for the premeditated murder of an Asian businessman and for stealing Dh109,000 from his apartment in Ajman.
The accused include Q.M, 39; M.T, 25; A.M, 21; T.S, 27; and,J.S, 26, who was charged in absentia.
The court also fined them Dh109,000 and referred the civil claim to the civil court.
Lawyer Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the victim’s family – his wife, three children and parents – said: “They could have stolen the money and left but instead they waited for him to return home, restrained him, wrapped a cable around his neck then stabbed him repeatedly before stuffing his body inside the fridge.”
In the courtroom, the requested that the defendants pay her clients Dh200,000 in blood-money, cover the legal fees and sentence the defendants to death.
What had happened?
Police had received a report from an Asian man stating that his friend, the businessman, was missing. When he did not answer his mobile phone, the friend went to his apartment and knocked on the door, but there was no answer.
A police patrol was sent to the residence of the victim. During the search, police found the body in the refrigerator. It turned out that the person inside the refrigerator was the person who was absent in the report, and he was the owner of the building.
Caught on camera
After reviewing surveillance cameras and conducting investigations, the perpetrators were identified – they were tenants of a flat in the victim’s building.
Security footage showed the victim entering his apartment and then two people following him into the apartment. After about two and a half hours, five people were seen leaving the apartment – three of them went to their own apartment, and two people went to the roof of the building.
Getaway bid foiled
A police alert about the accused found that three of them were aboard a plane that was on the runway. The plane was stopped and the accused were arrested, along with their co-accused from the flat.
Confession
Upon questioning the third defendant in the Public Prosecution’s investigations about the incident, he confessed that he had committed the murder and theft with the help of the four defendants. They planned to kill and rob the victim because he was a businessman who kept large sums of money at his apartment.
The murder plan
The three men entered the apartment from the roof of the building through the air conditioning vent an hour before the victim had entered. After they found the money, they waited for him and then stabbed him several times in different parts of his body .
After ascertaining his death, they washed the body and the apartment from the traces of blood, put the body inside the refrigerator and then left the victim’s apartment.
They went to their apartment, changed their clothes, threw them in the trash outside the building, then hid in another emirate for a while before going to the airport to try to leave the UAE.
From a Reported Theft to a Gambling Charge to Acquittal
الدفاع الجنائي
From a Reported Theft to a Gambling Charge to Acquittal
الدفاع الجنائي
Dubai: A salesman in Dubai who called police to report a robbery ended up being charged with setting up a gambling den.
According to Dubai Court of First Instance, the 23-year-old expat had called police in May claiming he had been robbed. When police showed up at his apartment in International City, they found money, playing cards and credit cards.
A policeman said in official records: “The defendant called reporting about a crime at his residence. I arrived at the flat and found the accused along with a woman who helped interpret his testimony because he only speaks Chinese. He told us the theft happened while he and some of his friends were playing cards and gambling.”
They ran off with Dh20,000
He told officers that a seven-member gang stormed into his apartment, assaulted him and his friends, then ran off with Dh20,000. He sustained head injuries and sought treatment at a hospital.
Officers searching the apartment found 18 credit cards, five boxes of playing cards, and other devices which they said were used for gambling.
Charge denied
The man was referred to Dubai Public Prosecution and was charged with setting up his apartment for gambling activities. However, the defendant denied the charge in the courtroom.
“As per the law, a gambling place has to be set up for all sorts of customers, which is a condition that investigations and evidence didn’t prove against my client,” said Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, who are representing the defendant.
“No customers came to his apartment, it was only some friends. The sum of cash seized from my client was not proven to be a result of gambling.”
The defendant was cleared by Dubai Court of First Instance on the charge of facilitating gambling.
Woman’s Divorce and Custody Ruling Overturned Due to Mental Illness
العائلة
Woman’s Divorce and Custody Ruling Overturned Due to Mental Illness
العائلة
Dubai court denies woman custody of children after medical reports prove mental illness
Judges were provided with information from hospitals in Australia and Rashid Hospital in Dubai
A Dubai court has denied an Australian woman divorce and custody of her children after medical reports proved she suffers from a mental health condition.
The Court of Cassation – the emirate’s highest court – overruled an earlier decision by Dubai Personal Status Court, given in October 2020, that granted the woman, 38, the right to divorce and custody of her children, aged 5 and 7.
She earlier told judges at the lower court that her husband, also from Australia, 40, had stopped providing for their family since 2019 and was verbally and physically abusive to her.
She said he threatened to take the children away after he admitted her to a mental hospital in the emirate.
The man’s lawyer, Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, challenged the verdict and took the case to the Court of Cassation.
“My client planned that they all travel to Australia where his wife can be near his cancer-stricken mother and for all of them to be closer to their families and where his wife can also resume her treatment from a mental disorder,” Ms Awatif said in court.
“But when his wife refused, he didn’t abandon her or their children because he loves them.”
She told judges her client was concerned about his wife’s health because she suffered from a mental condition and feared she would relapse.
“This is proof of his love for her and his family,” said the lawyer.
Judges were provided with medical reports from hospitals in Australia and one issued by doctors at Rashid Hospital in Dubai.
The reports stated the woman suffered from a bipolar disorder, also known as manic depression, which brings severe high and low moods and changes sleep patterns, energy levels, thinking and behaviour.
“Medical reports recommended that children remain with both parents,” Ms Awatif said.
Medical Negligence That Led to Stillborn Baby Ends in Compensation
الإهمال الطبي
Medical Negligence That Led to Stillborn Baby Ends in Compensation
الإهمال الطبي
Woman delivered stillborn baby after suffering eclampsia and placental rupture
Dubai: A Dubai-based doctor was found guilty of medical malpractice and negligence after failing to accurately diagnose a pregnant patient suffering from lupus, resulting in the death of her foetus.
In January this year, Dubai Court of Misdemeanours had convicted the defendant and fined her Dh50,000. The doctor denied the charge in court. The Dubai Court of Appeals upheld the verdict and ordered the defendant to pay Dh20,000 in blood money for the lost foetus.
The 31-year-old expatriate woman was 32 weeks pregnant when she went to a Dubai private hospital, complaining of heartburn, chest pain, swollen face and body. She was examined by the 34-year-old doctor, who prescribed paracetamol to treat the woman’s symptoms, before sending her home.
Lawyer Awatif Mohammad from Awatif Mohammad Shoqi Advocates & Legal Consultancy told the judges that two days after her client was discharged, her condition deteriorated and she fell unconscious. “She was found by the domestic helper who called in an ambulance, but it was too late and she delivered a stillborn baby due to what reports said was eclampsia and placental abruption,” said the lawyer.
Awatif told the judges that reports by a Dubai Health Authority committee of physicians confirmed negligence and malpractice on the part of the doctor. “The medical report said the medical practitioner showed ignorance of technical aspects that a practitioner should have been familiar with.”
After losing her baby, the woman was diagnosed with severe pre-eclampsia and Hellp syndrome.
According to case records, the doctor failed to get necessary medical investigations done and let the woman leave the hospital despite her critical condition.
“My client and her husband are still suffering from emotional, financial and physical impact due to such negligence of duties,” said Awatif. “She resigned from a well-paying job to focus on her pregnancy and when this incident happened the couple had to cover the treatment costs for a condition that my client suffered due to this malpractice.”
A civil case has been filed, seeking more compensation.
Driver Convicted of Wrongful Death Has Sentence Overturned
الدفاع الجنائي
Driver Convicted of Wrongful Death Has Sentence Overturned
الدفاع الجنائي
Victim crossed Sheikh Rashid Road in Dubai while pedestrian signal was against him
A French motorist who was sent to jail for a month for causing a cyclist’s death in Dubai won his appeal against prison time.
The 50-year-old UAE resident denied the charges of wrongful death and damaging property at Dubai Traffic Court.
He was convicted in April, sentenced to a month in prison and fined Dh10,000 ($2,723).
The judges suspended his driving licence for three months and ordered him to pay Dh200,000 ($54,450) in blood money.
The court heard the driver hit the cyclist, who was trying to use a designated crossing on Sheikh Rashid Road, on November 2.
The cyclist – whose nationality and age were not disclosed – suffered fatal head injuries.
Emirati lawyer Awatif Mohammed told the court the cyclist crossed the road while the pedestrian signal was at red.
“While the cyclist crossed a red pedestrian signal, my client crossed a yellow traffic signal [and] not red,” Ms Mohammed, from Awatif Mohammad Shoqi Advocates & Legal Consultancy, said.
She said the cyclist’s appearance took her client by surprise.
“My client couldn’t avoid hitting him,” Ms Mohammed said.
According to Article 25 of the UAE’s Traffic Law, a yellow (amber) signal allows a vehicle to cross with caution if a complete safe stop is not possible, she told the court.
Judges at the Court of Appeal overturned the prison sentence but upheld the fine and driving licence suspension.
The driver’s insurance company will cover the 200,000 payment to the deceased’s relatives.
A Mother and Son Reunited After Two Years of Kidnapping
العائلة
A Mother and Son Reunited After Two Years of Kidnapping
العائلة
The child’s parents divorced four years ago and his father brought him to the UAE from Malaysia in December 2018
A mother has spoken of her joy after being reunited with her son with the help of Dubai Police.
Rose Hu, 38, from Malaysia, met her child, 9, at the headquarters of Dubai Police on Monday after two years apart.
She last saw him in December 2018, when his father brought him to Dubai.
Ms Hu’s ex-husband took the boy out of their home country, Malaysia, on the pretext of a holiday but stopped responding to her messages after he reached the UAE.
“There wasn’t a single night or day that I didn’t miss him or thought about him and cried, but it’s all over now,” Ms Hu told The National.
Earlier this year, she won a custody case and Dubai Personal Status Court ordered her ex-husband to hand the child to his mother. But the man disappeared after the court issued its verdict.
“Police had been searching for my son for nearly four months,” she said.
“My lawyers called me up to tell me that my son was found. I cannot describe the happiness.”
Ms Hu filed a custody case in 2019 but two Dubai courts dismissed her case for being out of jurisdiction.
But Dubai’s Court of Cassation overturned the ruling and ordered a retrial.
During court proceedings, it was revealed the father had breached an undertaking he signed in a Malaysian court in which he pledged to bring the boy back.
“A mother is the most deserving of the custody of her child,” presiding Judge Faraj Al Galawi said at Dubai Personal Status Court after awarding the woman custody of her son in April this year.
But flight restrictions due to the pandemic prevented Ms Hu travelling to the UAE.
During this time, the father moved house and could not be traced for four months.
Lawyer Awatif Khouri of Awatif Mohammad Shoqi Advocates & Legal Consultancy, who represented Ms Hu, requested the man’s arrest.
Dubai Police found him and the child in another emirate on Monday.
“I reached Dubai on July 8, as soon as airports opened up, and have been since renewing my visit visa because police were still looking for my son,” she said.
Ms Hu said her family was overwhelmed by the news.
“His grandmother loves him very much and has been asking about him all the time,” she said.
On Wednesday, her former husband will appeal against the decision to grant her custody of their son.
The Dh14 Million Defence: Awatif Mohammad Shoqi Advocates & Legal Consultancy Client Beats Charges
الدفاع الجنائي
The Dh14 Million Defence: Awatif Mohammad Shoqi Advocates & Legal Consultancy Client Beats Charges
الدفاع الجنائي
The pair secured millions of dirhams’ worth of supplies after falsely claiming to have obtained lucrative contracts with Expo 2020 Dubai
A British father and son were sentenced to three years in prison and jointly fined Dh14 million after defrauding more than a dozen companies out of millions of dirhams’ worth of supplies.
The pair claimed their two companies had secured contracts valued at billions of dirhams with Expo 2020 Dubai when setting up lucrative agreements in the UAE.
Dubai Court of Misdemeanours heard they placed adverts in English-language newspapers in the Emirates seeking suppliers of a variety of goods.
Thirteen companies responded to the false adverts and provided products with a combined value of more than Dh8 million.
Judges were told the son, 32, and his father 58, opened up offices and a warehouse, and hired staff to carry out the elaborate plot.
Several victims visited the offices and saw what appeared to be an active business with employees but after their cheques bounced they returned to find the offices empty.
Prosecutors charged the father and son, and a fellow British sales executive who worked for them, with fraudulently obtaining millions in cash and products.
The sales executive, 35, was additionally charged with issuing bad cheques worth Dh6.4m.
Only the father and the sales executive were present in court and denied charges against them, while the son remains at large.
“Within the testimonies of several victims, we find a clear declaration that my client neither signed the cheques nor handed them to victims,” said Emirati lawyer Awatif Khouri from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the sales executive.
She told the court the cheques were issued, signed and handed by the son.
Ms Awatif also summoned witnesses who proved her client was not part of the con.
The sales executive was acquitted of all charges while the son and his father were both convicted.
The duped suppliers contacted police in October of last year when the cheques they received for payment bounced.
“I met the father and son at their offices in Dubai Investment Park and sold them Dh536,000 worth of fencing materials,” said a British manager of a fencing services company.
The owner of a general trading company said he supplied the defendants with carpets worth Dh4m.
“When the cheques they gave me bounced I visited their offices again but found them empty,” the Turkish man said.
Another company was conned out of Dh1.4m in ceramic goods.
The court was told a chemicals company sold the defendants ceramic bonding adhesive worth more than Dh400,000 and was also paid with bad cheques.
“I read the adverts and met with one defendant before agreeing to sell them Dh819,000 worth of plastic material but received dud cheques for that,” the Indian manager of the general trading company said.
Several victims visited the offices and saw what appeared to be an active business with employees but after their cheques bounced, they returned to find the offices empty.
Prosecutors charged the father and son, and a fellow British sales executive who worked for them, with fraudulently obtaining millions in cash and products.
The sales executive, 35, was additionally charged with issuing bad cheques worth Dh6.4m.
Only the father and the sales executive were present in court and denied charges against them, while the son remains at large.
“Within the testimonies of several victims, we find a clear declaration that my client neither signed the cheques nor handed them to victims,” said Emirati lawyer Awatif Khouri from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the sales executive.
She told the court the cheques were issued, signed, and handed by the son.
Ms Awatif also summoned witnesses who proved her client was not part of the con.
The sales executive was acquitted of all charges while the son and his father were both convicted.
Importance of an Arbitration Clause in an Agreement
التحكيم والوساطة لتسوية المنازعات
Importance of an Arbitration Clause in an Agreement
التحكيم والوساطة لتسوية المنازعات
A recent favorable judgment issued to Awatif Mohammad Shoqi Advocates & Legal Consultancy by Court of Cassation in Dubai in a commercial case registered before Courts of Dubai. The case discuss the importance and validity of an arbitration clause in any commercial agreement signed between both the parties and the authority of the courts to reject any civil claim on the grounds of parties’ confirmation and acceptance to resolve dispute through arbitration (as reflected in the agreement).
Facts of the case
The plaintiff registered a commercial order against the defendant (represented by Awatif Mohammad Shoqi Advocates & Legal Consultancy) to oblige the defendant to pay AED 5.5 million (due since 2017) in exchange of the commercial transactions between the two parties, solemnly rejected by the defendant. Nonetheless, the Court of First Instance issued a judgment against the defendant and obliged the defendant to remit the claim amount as per the commercial arrangement between the parties along with nine percent interest yearly until the full payment is submitted to the other party.
An appeal was registered by the Defendant before the Court of Appeal wherein, the defendant (appellant) requested the court to set aside the judgment of Court of First Instance on the grounds that the commercial agreement signed between the parties confirms that the parties shall refer the matter to Arbitration, in case of any dispute. On the basis of the said claim, the Court of Appeal accepted the case of defendant (appellant) and set aside the judgment of Court of First Instance and obliged the other party to register the claim before the relevant arbitration institute.
The case was thereafter registered before the Court of Cassation by the plaintiff for challenging the judgment issued by the Court of Appeal and requesting the court to oblige the defendant to pay the claim amount. The plaintiff based his case on the following grounds:
- The parties were in a long-drawn commercial relationship and were conducting works on the basis of purchase orders issued every now and then, however, later a termination agreement was signed to terminate the relationship between the parties and confirmed that the dispute between the parties (in relation to termination agreement) shall be referred to the arbitration institute. In this regard, the plaintiff affirms that the arbitration clause is mentioned in the termination agreement and not mentioned in the commercial relationship or purchase orders exchanged between the parties.
Court’s Response
The court responded that it is admissible to sign the arbitration agreement without a special power of attorney, because of the law and the previous Cassation judgments, which proves that the one who signs the agreement has the power of attorney to sign this type of agreement because of good faith.
In reference to a precedent issued by Court of Cassation in Dubai, it was opined by the court that an arbitration is an agreement between the Parties to appoint the arbitration as a way to resolve dispute rather than regular courts. It is not acceptable and legal to invalidate such arbitration clause only because the one signing the agreement does not have a specific power of attorney.
However, it is presumed that the one signing the arbitration clause has the authority to sign in good faith and it will be binding on both the parties. In furtherance, if the law obligates the signee of the arbitration clause to possess a specific power of attorney, but if the name of the company is mentioned on the agreement and another person signs the agreement, it proves that the one signing the agreement is a representative of the company. In addition, the court confirms that if on the first page of the agreement the name of the company and the legal representative of the company is defined and some other person signs the agreement, the contract shall not be deemed valid. It subsequently authorizes the party to challenge the validity of the contract and its good faith. In conclusion, the court confirmed that if only the name of the company is mentioned on the contract and some individual sign such contract, the company cannot challenge its validity on the ground that the individual signing the contract does not possess a specific power of attorney.
In conclusion, the court accepted the defenses submitted by the defendant and refused the case submitted before the Cassation Court. Thereby, obliging the party to adhere with the provisions of the agreement signed between the parties and register the matter before the arbitration institute. In most circumstances of a commercial dispute, it is always advised to approach the best Commercial lawyers in Dubai to comprehend the provisions of the contract and safeguard the interest of the client at all give scenarios.
British Tourist’s Drug Case Thrown Out After Awatif Mohammad Shoqi Advocates & Legal Consultancy Defence
جريمة مخدرات
British Tourist’s Drug Case Thrown Out After Awatif Mohammad Shoqi Advocates & Legal Consultancy Defence
جريمة مخدرات
A British tourist escaped a harsh penalty for possessing and using drugs after a defence argument proved his arrest warrant was based on insufficient evidence.
The Dubai Misdemeanours Court has fined the 32-year-old man Dhs5,000 and ordered his deportation.
The tourist was arrested at his hotel room in Jebel Ali area last December and was charged in January with possessing 4.5 grammes of cocaine.
He was additionally charged with using the illegal substance.
“His arrest was according to a warrant that was based on insufficient evidence and non-serious investigations,” Emirati lawyer Awatif Mohammed Khouri, from Awatif Mohammad Shoqi Advocates & Legal Consultancy, told the court.
She told judges that no valid justifications were present for an arrest warrant to be issued and issuing it was in violation of the constitution and the law.
“The case’s file which includes the investigations based on which the arrest warrant was issued, lacked even a proper description of the defendant’s appearance and features,” Ms Awatif told the court.
She added that surveillance could not have happened prior to the arrest or else basic personal data would have been included in the initial investigations.
“A proof that official arrest procedures in this case were faulty, is that the defendant was asked for permission to have his urine sample taken for a drug test, which should not happen in a solid case,” the lawyer argued.
She strongly argued that her defendant denied the charge and that the traces of drugs in his system are of valium which he took based on a prescription from his doctor in the UK as a legitimate medication.
Following Ms Awatif’s defence argument, the court sentenced the man to the least amount of a fine imposed by Federal Law Number 8 of 2016 concerning the Combating of Narcotics Substances.
Our Client Wins Custody from Father Who Abducted Their Child to Dubai
حضانة الطفل
Our Client Wins Custody from Father Who Abducted Their Child to Dubai
حضانة الطفل
The Indian court passed its judgement in favour of the mother in September 2019
A Dubai court has upheld an Indian court’s ruling on granting full custody of a child to the mother after the father brought their two-year-old daughter to the UAE without her mother’s knowledge.
The Indian court’s verdict was approved by the Dubai Civil Court a few days after the father, a Dubai resident, filed for divorce and custody of the child.
The Indian court passed its judgement in favour of the mother in September 2019.
The mother, 37, who lives in India, alleged that the father brought the child to the UAE after he obtained a passport without her knowledge.
The husband, 41, filed a case with Dubai Personal Status Court against his wife seeking divorce and custody of their daughter.
The mother’s lawyer, Awatif Mohammad Khouri, requested the court in Dubai to dismiss the case due to lack of jurisdiction in accordance with Article 6 of the UAE’s Federal Personal Status Law number 28 of 2005.
After the emirate’s Personal Status Court dismissed the case on February 20, the mother’s lawyer filed an application at the Dubai Civil Courts seeking full custody of the child by upholding the Indian court’s ruling based on the treaty signed between the two countries.
The Indian government had issued a gazette notification last month that foreign civil judgments passed by courts in the UAE can now be executed in Indian courts since the UAE has been declared as a reciprocating country.
The approval of the Indian court’s judgement by the Dubai Civil Court is pending enforcement.
The husband has appealed against the sentence issued by Dubai’s Personal Status Court and a judgement will be passed on March 8.
Our Lawyer Wins in Historic Surrogacy Legal Battle!
العائلة
Our Lawyer Wins in Historic Surrogacy Legal Battle!
العائلة
37-year-old says husband did not seek permission and got child registered under her name
Dubai: A woman who filed a divorce case against her husband after discovering he had arranged for another woman to have their baby through surrogacy has won the law suit in the Dubai Personal Status Court, believed to be the first of its kind case in the UAE.
The 37-year-old Indian woman, who had been married to an Indian man, 38, for 15 years, could not have a child. In 2016, the woman discovered that her husband had not only used a surrogate mother but also registered the infant in her name without her knowledge or consent, following which she asked for divorce.
Her lawyer Awatif Mohammad Khouri from Awatif Mohammad Shoqi Advocates & Legal Consultancy told the court that in return for granting her divorce and alimony, the husband forced his wife to sign a document approving the surrogacy procedure.
The woman launched a divorce case in India but it was rejected and the baby girl was born in March 2016.
Records said after the birth of the child, the woman’s husband became abusive and stopped providing for her needs.
He tried to send her out of the house and when she refused to leave, he packed his belongings, took all the jewellery and abandoned her before informing her that the baby girl’s birth certificate carries her name as the biological mother.
She filed a case in Dubai asking for divorce and alimony and for her name be removed as the child’s biological mother.
The court was told in March 2019 that the surrogacy process was done with the wife’s knowledge and consent but she had changed her mind as the delivery date neared.
The husband claimed that the procedure was done in India where surrogacy is legal. He even submitted a copy of the Indian law to support his claim, requesting that his home country’s law be applied in this case.
However, the woman’s lawyer told the court that surrogacy is against the UAE’s laws and public morals.
“Although the Indian law can be applied in several cases in the UAE, it cannot in this specific case because surrogacy is against the laws and public morals of the country (UAE) where the case is being heard,” the wife’s lawyer Khouri told the court.
Dubai’s Personal Status Court ordered that the child be referred for a DNA test, but the father failed to follow the order after which the court ruled in favour of the woman.
“As per the court’s judgement surrogacy was ruled forbidden according to UAE’s Islamic principles which are part of the country’s laws and public morals,” said Khouri.
According to the case documents, surrogacy does not prove lineage of a child.
“The court decided that my client is not the biological mother of the child even if her egg was used in the process,” he noted.
“I didn’t know that he had registered the child under my name in the birth certificate. He used the womb of another woman and the egg of another woman without my permission for fertilisation. I was forced to sign the agreement to get my divorce and alimony,” the woman said in case documents.
Man, Who Bought Dh238,000 Aston Martin with Bad Cheque Ordered to Pay Up
التقاضي المدني
Man, Who Bought Dh238,000 Aston Martin with Bad Cheque Ordered to Pay Up
التقاضي المدني
Emirati trader must pay full sum for luxury vehicle after being brought before court
A trader who bought a Dh238,000 Aston Martin Vantage using a bad cheque has been ordered to pay the full sum to the duped buyer after appearing in court.
A British man agreed to sell the luxury vehicle to the Emirati buyer for the agreed price last August, Al Ain Court heard.
“He handed him a cheque for Dh238,000 following which my trusting client approved registering the car in the buyer’s name,” said Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the car’s owner.
But when he went to cash the cheque at First Gulf Bank he was informed it had bounced.
The Briton contacted the buyer, informed him that the cheque had failed to clear and made several attempts to get him to pay the amount.
He then filed a report against him after he failed to pay up for the 2013 vehicle.
“The report was first handled by the reconciliation center in Abu Dhabi which failed to convince the Emirati buyer to pay my client his money, then the report was referred to court,” said Ms Awatif.
In court, the Emirati man said that he regularly bought and sold used cars and denied issuing the cheque or handing it to the owner.
“I don’t know how he got hold of a cheque from my cheque book, but I didn’t hand it to him, I paid him in cash and I paid more than he says, I gave him Dh285,000,” said the buyer in court.
“He claims he paid my client in cash but didn’t take a receipt of the payment which is strange, because being a trader who bought and sold cars all the time, it is mandatory to keep every thing documented,” Ms Awatif told judges at Al Ain Court.
The court ordered that the defendant pay Dh238,000 to the previous owner.
He will retain ownership of the vehicle.
Woman Jailed for Life for Smuggling Drugs from the UK
جريمة مخدرات
Woman Jailed for Life for Smuggling Drugs from the UK
جريمة مخدرات
The young men, both aged 27, were cleared of possessing drugs to sell and to use.
A British woman was jailed for life but two British men were acquitted on drugs charges at Abu Dhabi Criminal Court.
The men, both 27, were cleared of possession to sell and to use.
The woman, 28, was given a life sentence for smuggling manufactured cannabis from the United Kingdom to sell in the UAE.
She will be deported after serving her term.
An Emirati, 24, was also jailed for life for aiding and abetting the British woman by providing her with cash and information, and directing her to sources in the UK from whom she bought the drugs.
He was also sentenced to two years for possessing drugs to use and for using drugs.
Three other defendants – a British man, 26, a Jordanian, 21, and a Somalian woman, 25 – were convicted by the Abu Dhabi Criminal Court and each jailed for two years, for possessing drugs to use and for using narcotics. But they were cleared of possessing drugs to sell.
The court also ordered the referral of a 26-year-old Moroccan woman to the Court of Misdemeanours on a charge of using pregabalin.
Lawyer Awatif Mohammed, who represented one of the British men, told the court: “The evidence submitted
by prosecutors is baseless and does not in any way prove my client’s connection to the drugs because the confiscated drugs were found in possession of three other defendants inside their hotel room, not in my client’s hotel room.”
Ms Mohammed said that her client, who stayed in the same hotel, was merely visiting the other defendants in their room when police raided it.
“How is it possible that the arrest officer in his testimony said that he kept my client under surveillance for a month, when my client arrived to the country two days before the arrest happened?” she asked the judges.
Court records show that on April 8 last year, police were tipped off about the defendants and they were arrested on the same day.
During police and prosecution questioning, the British woman admitted to charges and said she had smuggled drugs from the UK through Abu Dhabi International Airport four times before she was arrested.
She was working with the Emirati defendant to whom she was introduced through her husband.
Prosecutors said the defendants admitted to charges during police questioning but then denied them when they appeared at Abu Dhabi Criminal Court.
Woman Files Case Against ‘Cheating Husband for Showing Pornography to Their Son’
العائلة
Woman Files Case Against ‘Cheating Husband for Showing Pornography to Their Son’
العائلة
The woman is filing for sole custody of their two children after a psychologist determined that her five-year-old son had been watching pornography
A woman who divorced her husband after she caught him having sex with another woman is now filing for sole custody of their son after a psychologist said the boy had been watching pornography.
The Jordanian woman, 30, said in records that, prior to travelling on July 10, 2015, she installed four cameras in her flat in Mirdif and left her son, who was four years old at the time, with his father.
The camera footage allegedly showed her Jordanian husband, 34, having sex with a Chinese woman in their living room.
The woman filed for divorce, which she was granted, but a few months later she noticed her son touching shop mannequins in inappropriate ways.
She said her son also began inappropriately touching her and his 18-month-old sister.
A psychologist deduced that the five-year-old boy had been watching pornography.
The woman reported her husband to police who refused to attend questioning at a police station.
He was referred to the public prosecution where he was questioned on a charge of having consensual sex out of wedlock, which he denied, saying that the Chinese woman was merely massaging his back.
“I ordered a masseuse because I suffered from back pains and she came on July 16, she massaged by back but I didn’t have sex with her,” said the man in court records.
The woman’s lawyer, Awatif Mohammed from Awatif Mohammad Shoqi Advocates & Legal Consultancy, provided Dubai Court of Misdemeanours with a medical report issued by a psychologist in a community health centre in Dubai confirming that the boy, born in January 2011, began visiting the clinic after developing violent and disturbing behaviour.
He had also been suffering from disturbed sleep and often molested his mother and baby sister, the lawyer said.
The report stated: “During extensive therapy sessions, it was revealed that the child had been watching pornography and tried to demonstrate what he had seen on his sister and his mother while she bathed him. The child is showing progress but we advise that he is not to be left in the care of his father.”
the report advised that all visits with the father be supervised.
The court, dismissed the video recording as it was not recorded legally but the man was convicted and fined him Dh5,000. He will also be deported.
The woman is also filing a civil case against the man and a case with the Personal Status Court, seeking compensation and requesting that the father be dismissed from being the guardian of their two children. Both cases are ongoing.
Woman Accused of Bigamy Wins Case at Third Attempt
العائلة
Woman Accused of Bigamy Wins Case at Third Attempt
العائلة
Court of Cassation rules in favour of Nigerian woman involved in custody battle with husband, who accused her of still being married to her ex.
A mother accused of bigamy by her husband during a custody battle over their 8-year-old son has won the case at the final hurdle after two courts had found her guilty.
The Nigerian was accused by her countryman husband of still being married to her first husband but after rulings against her at the Personal Status Court and the Court of Appeal, she won the case at the Court of Cassation, Dubai’s highest court.
Under Sharia law used in the UAE, a man can marry more than one woman but a woman cannot have more than one husband.
The husband filed the case against her in 2015. He told the court that they got married in their home country in August 2004 and that he believed at the time she was divorced from her first husband, with whom she has a daughter.
After the couple moved to Dubai, he said he converted to Islam, which caused many problems between them and resulted in his wife leaving him and taking their son.
He claimed that he sent her an email asking her to come back but she never did and, during the time she was away, he found papers at their home stating that she was still married to her first husband.
The wife denied the allegations, telling judges that she was divorced before marrying her second husband. She submitted a divorce certificate but it was dated June 22, 2012.
She also said that she didn’t leave but was kicked out by her second husband and that she had been supporting herself and her son as he was refusing to help cover their living costs.
However, last year the court convicted the woman of being married to two men at the same time, rendering the second marriage illegal and leaving their son to be seen in the eyes of the law as a product of a sexual relationship outside of wedlock. It also rejected the husband’s request for a divorce as the court seen it as they were not married anyway.
Both the defendant and her husband appealed the verdict but the sentence was upheld by the Court of Appeal, which ordered the woman to be referred to prosecutors.
“The court referred her to prosecution to be investigated for sex outside of wedlock that resulted in her having a son – she could have been jailed and deported if we didn’t prove her innocence,” said lawyer Awatif Mohammed, from Awatif Mohammad Shoqi Advocates & Legal Consultancy, who took the case to the Court of Cassation.
The lawyer managed to prove, backed by documents, that the woman was a victim and that she was kicked out of her home because she converted to Islam and that she had been living on her own for three years before the husband filed the case. Her husband only converted later on.
“We also made contact with authorities at Lagos Court [in Nigeria], where our client got divorced, and managed to obtain a document stating that she was, in fact, divorced before getting married to the plaintiff but the divorce letter was issued at a later date,” said Ms Awatif.
The lawyer presented her defence argument and the cassation court promptly overturned the rulings of both lower courts, announcing that the woman was innocent from a bigamy charge.
She was granted custody of her son and also her wish to be separated from her second husband.
The court ordered him to pay Dh7,500 in alimony per month in addition to Dh60,000 a year for housing purposes and Dh15,000 in a one-off payment for furniture. He was also ordered to pay all educational fees for his son as well as the legal fees of the case. He was also granted visitation rights to see his son.
The verdict, which was made a month ago but only came to light on Wednesday, is now final and cannot be appealed.
Ensuring the Best Interests of the Child: A Victory for the Father as Dubai Courts Affirm Sole Custody Where Joint Custody Is Impractical
حضانة الطفل
Ensuring the Best Interests of the Child: A Victory for the Father as Dubai Courts Affirm Sole Custody Where Joint Custody Is Impractical
حضانة الطفل
In a dispute under Civil Personal Status Law for Non-Muslims, Awatif Mohammad Shoqi Advocates & Legal Consultancy acted for the father for the sole custody of the children in what became a significant child custody case in Dubai. The matter was heard at all three levels of the Dubai Courts and offers practical guidance on how the “best interests of the child in the UAE” principle is applied when parents reside in different jurisdictions. The client, represented by Advocate Awatif Al Khouri with the assistance of legal consultants Mr. Karim Adam and Mr. Faraz Salat, sought to ensure continuity and stability for his two children in Dubai following the breakdown of his marriage.
The parties had moved to Dubai with the intention of settling there, but the marriage later broke down due to irreconcilable differences. Following the separation, the mother left the UAE and returned to her home country. In spite of this, the father continued to provide the children with care and guidance while they resided with him, strengthening his position in seeking custody rights for the father in Dubai under the UAE law.
The case was first heard before the Court of First Instance, where the legal team sought divorce and custody on the father’s behalf. The Federal Decree-Law No. 41 of 2022 on Civil Personal Status was applied by the court to grant the divorce and order joint custody of the children under Article 10 of the law, which implies joint custody as the default action following separation to ensure shared parental responsibility. This reflected the statutory approach to joint custody vs. sole custody UAE matters. The father was granted custody during the school week, while the mother was granted custody on weekends and half of the school holidays, despite the fact that she resides outside the UAE, as per the order. But this arrangement proved to be extremely challenging to perform.
In reality, however, this arrangement was difficult to implement. The mother was permanently based in France, while the children’s schooling and day-to-day life were firmly established in Dubai. For these reasons, the firm asked the father to appeal the custody decision and seek sole custody in the UAE as a more practical and legally sustainable outcome.
Before the Court of Appeal, the legal team concentrated on how the arrangement worked in practice rather than in theory. They submitted that although joint custody may be suitable in principle, it is not workable where one parent is permanently based in another country. The children were settled in Dubai, attending school in Dubai, and also doing well under the father’s care, which was also highlighted by the team. The Court of Appeal undertook a detailed review of the case and appointed a specialized custody committee to assess the children’s situation. The committee’s report became a decisive factor in the proceedings. It recorded that although the mother had expressed an intention to return to Dubai at some point in the future, she was, at present, settled in France. The Committee concluded that preserving the existing arrangement, under which the children remained stable with their father in Dubai, was in the best interests of the child in the UAE. Considering the circumstances, it was also observed that joint custody was only possible theoretically but not practically, since its core requirement was that both parents be able to exercise direct and continuous supervision for the children.
The Court of Appeal overturned the custody decision issued by the Court of First Instance on the basis of the above observation. Hence, the court in its judgment awarded sole custody to the father in Dubai, granting the father full guardianship, including responsibility for the children’s education and healthcare. The court held that the best interests of the child in the UAE are the overriding consideration and may justify a departure from the default presumption of joint custody. As the main and key concern was stability for the children, awarding sole custody in the UAE was the best and most workable legal outcome.
This decision of the Court of Appeal was challenged by the mother before the Court of Cassation. The mother presented her arguments by stating that the law was wrongly applied and also ignored her rights. She also requested new claims, which were not put forth in the earlier stage of proceedings, for retrospective alimony and compensation.
In its final judgment, the Court of Cassation dismissed the appeal in full and upheld the decision in favor of the father secured by Awatif Mohammad Shoqi Advocates & Legal Consultancy. The Supreme Court maintained that shared custody is the norm, but the courts can provide sole custody in the UAE if it is in the child’s best interests. The court agreed with the decision to give custody to the father since it was based on reasonable grounds and supported by facts, especially since the mother’s residence was in another country and she couldn’t share custody. It also rejected the additional financial claims, confirming that matters not raised before the Court of First Instance cannot be introduced for the first time on appeal.
This case demonstrates the approach adopted by UAE family courts in prioritizing the practical well-being of children over stringent procedural norms in joint custody vs. sole custody UAE cases. It also speaks about the importance of legal representation while navigating the Civil Personal Status Law. Advocate Awatif Al Khouri, supported by Mr. Karim Adam and Mr. Faraz Salat and the firm, not only achieved a favorable outcome but also reinforced that the best interests of the child in the UAE remain the primary consideration for custody matters in Dubai.
5 / 5
03/03/2026
في بعض الأحيان تُفاجِئك الحياة بموقف يتطلب تمثيلاً قانونيًا. كل ما أستطيع قوله هو شركة رائعة! كنت أواجه تهمة جنائية، وقد تمكنت شركة عواضيف للمحاماة من إسقاطها. بالتأكيد تستحق الأموال التي ستنفقها معهم. أنا سعيد فقط من أجل العدالة والخدمات التي قدموها. موصى به.
5 / 5
21/01/2026
Ester:
I can finally live and breathe again! I am beyond blessed and forever grateful to Mrs. Awatif and her team for helping me with the dismissals of my case. I appreciate the transparency and honesty about the severity of my case and what I needed to do to satisfy the court. I will keep this law firm in my contact list and recommend them to anyone seeking professional, fast-responding, solution-based lawyers who will fight for their rights.
5 / 5
24/12/2025
هذا منشور طال انتظاره، لكن مكتب عواطف م شوقي للمحاماة هو المكتب الذي تريد أن يكون إلى جانبك. لقد قدموا لي أفضل نصيحة ممكنة وأداروا قضيتي. كانت هذه القضية من شأنها أن تنهي مسيرتي التي امتدت لعقود من التفاني، وبفضل معرفتهم وخبرتهم أستطيع أن أضيف المزيد من السنوات إلى هذا العدد. عاملوني كأنهم أفراد من العائلة طوال الوقت وكانوا محترمين للغاية.
5 / 5
27/08/2025
Sumaiya:
عواطف متميزة! إن تفاني فريقهم تجاه عملائهم جدير بالثناء حقًا. شعرت بالدعم والتقدير. قدموا تواصلًا واضحًا طوال عمليتي القانونية وبذلوا جهدًا إضافيًا لضمان أفضل نتيجة ممكنة لقضيتي. خبرتهم واحترافيتهم لا تضاهى، وأنصح بشدة بهذا المكتب القانوني لأي شخص يحتاج إلى مساعدة قانونية.
5 / 5
29/07/2025
تمت إحالة إلى عواطف م شوفي للمحاماة من صديق. كنت بحاجة إلى محامٍ/مكتب لقضية بعد الطلاق. استشرت المحامين وأعجبت بهم فوراً. أخذوا وقتهم للاستماع إلى مخاوفي وقدموا لي نصائح رائعة. شرحوا خياراتي القانونية بوضوح وجعلوا العملية أقل توتراً. كانوا متاحين دائماً للرد على أي أسئلة كانت لدي. إنهم على دراية واسعة، محترفون ومتفهمون. أنا ممتن لهم إلى الأبد لخدماتهم وأوصي بهم بشدة.
5 / 5
02/06/2025
حسن وفريقه كانوا رائعين تمامًا في مساعدتي على حل النزاع وفي النهاية تقديم حل فائز يرضي جميع الأطراف. أوصي به وبمؤسسته كمحامين محترفين للحصول على أي دعم قانوني قد تحتاجونه.
5 / 5
27/01/2025
هذه الشركة، أیوة للمحاماة، محترفة جدًا وذات خبرة في المجال. كان محاميي متميزًا بتزويدي بكل المعلومات وشرح كيف سيتم التعامل مع قضيتي. لديه موقف رائع ومحترف جدًا وودود، وقدمنی تقييمًا بخمس نجوم لخدمة العملاء.
5 / 5
25/09/2024
Jalilah:
فريق عواطف محمد الشوقي للمحاماة قدم عملاً ممتازاً في الدفاع عني في قضيتي. هم على دراية واسعة، وكفؤون، وسريعو الاستجابة، ومتواجدون دائماً. كانت قضيتي غير عادية بعض الشيء، مما جعلها أكثر تعقيداً. لكنها جديرة بكل ريال دفعتُه. أنصح بهم أي شخص يحتاج لحل قضية بسيطة أو معقدة. بالتأكيد أفضل مكتب في دبي!
5 / 5
25/07/2024
Subhiyah Rashida:
أود أن أشكر هذا المكتب القانوني على تفانيهم وعزمهم في مساعدة أخي على الخروج أخيرًا من حجز الشرطة بعد عدة أسابيع من التهم الخاطئة. لقد عملوا بلا كلل لتحقيق ذلك. أنا وعائلتي ممتنون للغاية لما قاموا به ونعلم أن هذا لم يكن ليكون ممكنًا بدون مكتب عواطف محمد شوقي للمحاماة. شكرًا لكم على بذل الجهد الكبير لإعادته إلى المنزل. سأوصي بالتأكيد بهذا المكتب القانوني.
5 / 5
13/06/2024
كنت عميلاً لدى هذه الشركة عندما وجدت نفسي في قضية اتهام خطيرة للغاية. يمكنني القول دون شك إنهم الأفضل في دبي. إذا وجدت نفسك في مثل هذا الوضع، فاتصل بهم. لقد أجابوا على جميع أسئلتي وتأكدوا من أنني على علم بكل خطوة من خطوات العملية.