UAE court fines a woman 5,000 AED for insulting her ex-husband
The Dubai courts, spanning three levels of misdemeanour, appeal, and cassation, recently handled a peculiar "insult case" involving an Arab woman.
Conviction and Initial Ruling:
Accused of using obscene language to insult both a social institution and its director, the woman faced legal repercussions. The Misdemeanour Court, in its initial ruling, convicted her and imposed a 5,000 dirham fine.
Appeal and Upheld Ruling:
The Court of Appeal reviewed the case, affirming the Misdemeanour Court's decision. However, the legal saga took a turn when the Court of Cassation overturned the ruling. The higher court deemed it necessary to reconsider the case before a different judicial body within the Court of Appeal.
The incident unfolded when the accused, a mother, was required by a judicial order to bring her 13-year-old daughter to visit her father, who was hospitalized in Dubai due to a traffic accident. The institution overseeing the visitation process, based in another emirate, witnessed the accused's delay in handing over the child. Frustration escalated as the woman fabricated stories and proceeded to insult the institution, its director, and the child's father.
Legal Complaint and Evidence:
A legal representative of the victim reported the insult, documenting the offensive language used by the accused. The victim's agent explained that the accused not only delayed the handover but also forcefully entered the father's room, insulting him and the institution's director.
Witnesses, including a friend present in the room, confirmed the incident, citing indecent expressions hurled by the accused due to family disputes.
Legal Proceedings and Conviction:
Despite the accused's denial in the Public Prosecution’s investigations and before the court, the court of first instance considered the evidence sound and devoid of impurity. It ruled in favour of conviction but granted a measure of clemency, sentencing her to a 5,000 dirham fine. Simultaneously, the civil case was referred to the competent court.
Appeals and Reconsideration:
The accused persisted in her denial, appealing the initial ruling. Her lawyer argued against the case's acceptance due to procedural reasons. The Court of Appeal, after examination, upheld the initial ruling, dismissing the defendant's requests as unproductive.
Court of Cassation Intervention:
Undeterred, the accused took the case to the Court of Cassation, which overturned the ruling and directed the Court of Appeal to reconsider it in a different manner. This unexpected twist adds complexity to the legal proceedings, underscoring the intricacies involved in the "insult case."