Legal View: Wife in London complains about husband's extramarital affair in UAE

My husband stays in Dubai and I stay in London with our children. I have come to know that my husband has been living with his girlfriend for over two years. I have also come to know through mutual friends that he introduces her to others as his wife. I also came to know that they go for holidays together. He often visits London to see my children and I have often confronted him to clear the matter. Is it legal for my husband to have the aforementioned extramarital relationship? What legal action can I take against him?

Pursuant to your queries, it may be noted that in the UAE, having an extramarital affair or engaging in a relationship (sexual) without being married is punishable by law. This is in accordance with Article 356 of the Federal Law No. (3) of 1987 related to issuance of Penal Code (the 'Penal Law of UAE'), which states:

Article 356:

"Without prejudice to the preceding two Articles, the crime of indecent assault with mutual consent shall be punished by detention for at least one year; and if the crime is committed against a male or female who is under fourteen years of age, or if the crime is committed by coercion, it shall be punished by temporary imprisonment."

Therefore, in response to the first part of your query, it may be noted that it is illegal for your husband to have an extramarital affair.

In response to the second part of your query, if you are in the possession of admissible evidence and if you are able to bring forth reliable witnesses to prove your assertion regarding your husband's extramarital affair, you may consider filing a criminal complaint with the public prosecutor or the police station having jurisdiction in Dubai.

If your husband and his girlfriend are found guilty and sentenced to a custodial penalty, the court may order the deportation of both. This is in accordance with Article 121 of the Penal Law of UAE, which states:

"In case a foreigner is sentenced to a penalty restricting freedom in a felony or a misdemeanour, the court may order deportation out of the state and deportation becomes a must in crimes against honour ..."

Based on the aforementioned provisions of the Penal Law of UAE and the Criminal Procedure Law, the public prosecutor or the police station may register a criminal case against your husband and his girlfriend. You may approach the Dubai Police's Child and Women Protection Department which may provide you with further assistance in your case.

Know the law

In case a foreigner is sentenced to a penalty restricting freedom in a felony or a misdemeanour, the court may order deportation out of the state and deportation becomes a must in crimes against honour.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.