Personal status lawsuits differ from other cases in that they touch the psychological, social, and emotional depths of both parties, and their impact extends to children who often pay the price for the parents’ stubbornness and their stubbornness in the argument, causing them from two partners ruled by ten and affection in two enemies destroying each other!
Although we have become accustomed to many of these situations through the profession, a certain behavior remains the worst we can encounter in personal lawsuits, which is the tendency of one party to attack the other with accusations that damage morale or reputation. , without taking into account the impact on the psyche of the children, and the consequences It is slander and abuse.
And what’s worse is that the people closest to you turn against you, because the husband or wife knows the smallest details about the other by virtue of married life, and when a dispute arises, some hesitate not to reveal what they have hidden under the thick pact that was made between them, but it can grow into a challenge and dive into the symptoms to prove damage or victory.
It is very sensible what it says in Article 12 of the Manual of Regulatory Procedures in Personal Status Matters in Dubai Courts that obliges the family counselor not to inform any of the parties to the dispute about the insult, abuse or humiliation he has suffered of the other party, in order to preserve the chances of reconciliation and so that the dispute does not escalate.
There is no doubt that in other circumstances the law deterrents the crime of defamation and defamation. According to Article 427 of the Criminal Code, “a term of imprisonment not exceeding six months or a fine not exceeding 5000 dirhams, if the defamation or defamation is made by telephone, or in the face of the victim and in the presence of others, and the punishment will be a fine of 5000 dirhams if the slander or insult takes place in the face of the victim, and in the absence of anyone or in any message sent to him by any means.
For example, the law determined the publicity of the crime and stated in Article 429 of the same law that “there is no crime in what is contained in the oral or written defense of litigants before the courts or investigative authorities against defamation or insult within the limits of the law on defense.”
In general, I see the need to find some sort of deterrent to such behavior on the part of the two sides of personal disputes, especially if the allegations come from behind closed doors, and I propose that the aforementioned provisions of the Code of To apply criminal law to those who offend the other by insult, slander or slander. His morality does not prevent him from breaking the law.
The honorable verse (229) of Surat Al-Baqarah, “Keep with kindness or release with kindness”, sums up in beautiful eloquence the human basis for the marriage bond. Or it ends with civilization itself, in appreciation of the affection and love between the two parties yesterday, and considering the future of the children and their feelings.
Arbitrator and legal advisor