Husband's parents can live in marital home

Woman had filed lawsuit against her husband when he brought his mother and sister to live with them in their house. (Shutterstock)

The Court of Cassation in Dubai has approved a new legal principle, ruling that a husband has the right to allow his parents to live with him in his marital residence so long as it does not harm his wife’s interests.

A woman had filed a lawsuit against her husband when he brought his mother and sister to live with them in their house.

She had demanded Dh50,000 annually from her husband to be able to live separately with her two children, claiming that her husband and in-laws had refused to support her and her children financially.

The Dubai Court of First Instance had ruled in her favour, ordering the husband to pay for the cost of housing his wife and two daughters separately, that is, away from his mother and sister.

The husband then requested the Attorney-General to appeal against this ruling. Seeing an error in the application of law in the judgement, the AG appealed to the Court of Cassation.

The Attorney-General argued before the Court of Cassation that, as per provisions of Article 76/1 of the Personal Status Law, the husband had the right to allow his mother and sister to live in his marital home with his wife.

The Court of Cassation ruled that “the husband had the right to allow his father and mother and children from a second wife to live in the same house with his wife so long as he meets her expenses and her interests are not harmed because of the joint family.”

The court also said that "no wife shall refrain from living with her husband in the house with one or both of his parents but not his sister unless she is affected by it.”

The court added that the burden of proving that her interests have been harmed lies on the wife.

(Image via Shutterstock)

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