It seems unfair for a husband or a wife to seek chastity from the other partner when he/she doesn’t practice it themselves. The word adultery is often used in UAE. However, it is yet unclear in several aspects including the law defining it, the consequences of doing adultery and can one partner seek divorce post being cheated upon. Family Lawyer of Dubai have all the answers to your questions in this article will guide your legal way to seek justice.

Legal Paradigm

Adultery is not only a reason for divorce within UAE, but it is also a criminal act which has the potential to attract severe penalties for foreign expatriates such as deportation. Federal Law Number 3 of 1987, UAE Penal Code under Article 356 penalizes anyone who commits an indecent act. The article reads as follows:

“Anyone who commits or is indulged in a crime of an indecent assault with mutual consent shall be sentenced with imprisonment of minimum one year.”

In addition to the foregoing provision, the accused if found guilty may face deportation. Importantly, both the parties involved in the act will be deported and will consider as accused under the said offence. Nevertheless, the judge has discretionary powers to reduce the punishment, however, is restricted to remove deportation, and once ordered.

As said above, either of the two spouses can register for divorce under numerous circumstances, Adultery being one of them. Article 114 of Federal Law, Number 28 of 2005 on Personal Status Law of UAE, states that “Either or both of the spouses is entitled to seek for separation in following instances… (3) If the other party is condemned for adultery or a similar offence.”

Dubai Lawyers have laid down few points which must be considered prior to filing a complaint about alleged committed as follows:

• The case for adultery can only be registered if a there is a sexual relationship between a man and woman where if one or both of them are married to someone else;
• Evidence can include written, the testimony of a witness, circumstantial evidence, expert reports and eyewitnesses;
• Male witnesses are preferred over witness testimony given by women;
• The burden of proof beyond reasonable doubt lies on the complainant to prove the adulterous

Procedure to File Complaint

As aforementioned, either of the spouses can raise a complaint before the nearest police station for adultery along with all the relevant evidence which can prove their guilt. The evidence may involve, confession on messages, emails, even WhatsApp messages. However, the messages must be available on the phone of the complainant and should not have been obtained illegally. Otherwise, the complainant may face criminal charges under Cybercrime law.

Further, if such evidence obtained from his phone was found unintentionally or by accident, such evidence can be utilized as according to Article 34 of the Penal code such act would not constitute a crime as it lacks intention. The spouses living outside UAE may appoint a lawyer for filing a criminal case and can do so through the website of Emirate Police Force and can provide all the documents relevant for the matter. Based on the documents provided to the authority, the court will determine whether or not the accused is guilty of the offence and will adequately punish him or her for the wrongdoing.

On the other hand, you may appoint Family Lawyers of Dubai to legally represent you before the Family Courts of UAE in order to seek divorce and custody of children.

Disclaimer: