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23 April 2024

Dubai court rejects parental denial case

Published
By Eman Al Baik

The Dubai Civil Court turned down a parental case in which a man sued his ex-wife, claiming he was not the biological father of her daughter.
 
The man claimed that he divorced his wife in September 5, 2009 and that his ex-wife delivered a girl two years later. Denying he was the biological father of the girl, he claimed that the woman had wrongly given her his name.
 
The court referred the case to Dubai Prosecution to give its opinion as per Article No. 61 of the Federal Civil Procedures Law No. 11 of 1992 and its amendments.
 
Assistant Head of Civil Prosecution Tareq Ahmad Al Naqbi studied the case and requested Preventive Medicine to clarify the issue with the person who had issued the girl a birth certificate and supplied them with the documents.
 
The court considered that and assigned an employee who checked with the records department.
 
The department reported that the complainant was the one who had personally approached them and got the birth certificate issued.
 
The complainant had supplied the department with required original documents and signed on the application.
 
Although the prosecution has also directed the complainant to get a DNA test done to ascertain the paternity, the court concluded that since he had admitted that the girl was his daughter in the past, he cannot deny that at a later date.
 
The court said in its ruling that the man who confessed that he was the baby’s father when her birth certificate was being made, fulfilled all Sharia laws and conditions of his relationship with the girl.
 
After that, the father cannot deny and his denial cannot be heard, the court argued and turned down the case.