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Supreme court settles case of child paternity
ABU DHABI — Court authorities have confirmed that a child, born three months after a man divorced his wife, was his.
The man had refused to acknowledge child's paternity.
The wife, identified only as N, filed a case against her ex-husband Amer K, stating that her son was fathered by him, but Amer refused to acknowledge that the son was his, saying he had married her in October 1997 and divorced her in May 1998. The woman gave birth to a boy in August 1998. The Court of First Instance ruled that the boy was the ex-husband's son.
The ex-husband contested the ruling at the Abu Dhabi Shariah Court of Appeal, which upheld the earlier verdict. He then took the case to the Supreme Federal Court, which ordered the case to be retried again at the Court of Appeal that annulled the appealed verdict and ordered the ex-wife to pay the case expenses. The woman too contested the ruling in the apex court that annulled the verdict again and referred the case back to the Court of Appeal for a fresh hearing.
The Court of Appeal upheld the appealed verdict and ordered Amer to pay the case expenses. Amer took the case to the apex court and claimed that the court did not take into consideration the fact that his ex-wife had met up with her former husband who was married to her before Amer. The apex court replied that the man who was married to N. before Amer, had actually divorced her before consummating the marriage. Therefore, there was no 'ida'a' period as per Shariah requirements. This means that her marriage to Amer was valid from a Shariah point of view.
The ex-husband also claimed that the boy was identified under somebody else's name while he (Amer) was in hospital getting treatment for drug abuse and was under medication that reduced his sexual desire — which, arguably, substantiated his claim that the boy was not his.
The apex court said that the son was born 10 months after the date of marriage, and three months after the divorce. The couple had during this period lived together in one place and thus the boy was undoubtedly Amer's child. The court turned down Amer's petition and ordered him to pay the case expenses.
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