The Abu Dhabi Court of First Instance ordered a woman to pay one million dirhams to her divorced husband, the value of his participation in the purchase of a plot of land, which was registered in her name during the period of their marriage, noting that Article 35/1 of the Evidence Law stipulates that evidence may be proved by the testimony of witnesses, in what was It must be proven in writing, if there is a moral or material impediment that prevents obtaining written evidence, and the judge may, in any case the lawsuit is in, direct the complementary oath on his own initiative to either of the litigants, to base his judgment on the merits of the case, or on the value of What governs it.
In the details, a man filed a lawsuit against his ex-wife, demanding that she pay him two million dirhams, in exchange for 75% of the value of the land she exchanged with someone, and he contributed in it at the time in the amount of one million dirhams, and he also asked to compel her to pay the amount of 120 thousand dirhams, which he spent on restoring The dwelling.
The defendant's attorney submitted a memorandum, at the end of which he requested that the case not be accepted due to the lack of validity and proof, and the plaintiff to charge the fees, expenses and attorney fees.
The court stated, in the merits of the judgment, that the documents established that the plaintiff and the defendant had a marital relationship, which prevented him from demanding a written document for those sums, and it was decided that if there was a moral impediment to obtaining written evidence, it could be proven with the testimony of witnesses. Moral impediment is transferred between the plaintiff and the defendant, and then the defendant's payment is based on an incorrect basis of the law, and the court shall decide to reject it.
It indicated that the plaintiff had requested the judiciary to recover the amount paid for his participation in the purchase of the land, and presented a witness, who testified that the man had paid one million dirhams, and made a complementary oath before the court, and swore by his wife's participation in her obtaining the land in dispute, and that he had paid one million dirhams in favor of the owner of the land at the time, At that time, he transferred the ownership of the land in its name according to its authority to him, and the defendant did not pay what he had paid to it, and the amount is still owed by her, pointing out that the defendant attended, and she did not provide evidence of her repayment of the sums owed by her, or presented anything contrary to the claim of the plaintiff.