Dubai court rejects man’s Dh5 million lawsuit against ex-wife over child abuse complaint

Dubai: The Dubai Civil Court of First Instance has dismissed a lawsuit filed by a man seeking Dh5 million in compensation from his ex-wife over a complaint accusing him of assaulting their two children. The man accused his former wife of abusing the right to litigation by filing what he claimed was a malicious report. He brought the compensation case after a criminal court acquitted him, but the civil court stressed that an acquittal does not necessarily mean a complaint was false or that the person who filed it abused their right to approach the authorities. The case arose from disputes between the former couple following their divorce. They exchanged lawsuits concerning child custody, alimony and family rights, while the father also filed a case seeking the right to see and communicate with his children. Amid the disputes, the mother filed a report with the relevant authorities accusing the father of abusing the children and submitted video footage and documents in support of her complaint, according to the case file. The authorities investigated the report, and the father was prevented from travelling and referred to the Public Prosecution and then the Criminal Court. In April 2026, the court acquitted him of the charge, and the ruling became final and binding. The father claimed the report had caused serious damage to his reputation, standing and relationship with his two children, as well as his professional and financial circumstances. He sought compensation for legal expenses exceeding Dh500,000 and claimed that being prevented from travelling had caused him to miss a conference. He also alleged that he lost control of family businesses and his source of income, and that his company abroad was forced into bankruptcy. He asked the court to order his ex-wife to pay Dh5 million for material and moral damages, plus legal interest of 5 per cent from the date the lawsuit was filed until payment. The defendant sought the dismissal of the case. In examining whether the requirements for liability arising from abuse of the right to litigation had been established, the court stressed that the right to complain, report crimes and resort to the judiciary is legitimate. It does not become an actionable wrong simply because a complaint results in an acquittal or the accusation is dismissed. The court said abuse of a right is established only in specific circumstances, including when the sole purpose of exercising the right is to harm another person, when it is used to achieve an illegitimate interest, when the benefit sought is insignificant compared with the harm caused to others, or when the person exercising the right exceeds customary limits. After reviewing the case documents, the court found that the complaint had not originated solely with the mother. Correspondence showed that the Community Development Authority had asked her to open a file before the matter was referred to Dubai Police. The Public Prosecution subsequently examined the matter and decided to open a criminal case and refer the father for trial. The court also considered a social worker's report recommending the suspension of visitation and overnight stays, as well as a psychiatric medical report. The medical report found no signs of a severe psychological disorder in the father, but identified potential risks if the children were with him without supervision. The court said the father's acquittal had been based on the testimony of defence witnesses, the absence of criminal intent and the delay in reporting the alleged incident. It said the criminal court had also considered that the father's actions were motivated by good faith and fatherly affection and involved playing with his children. However, those findings were not sufficient to establish that the mother had deliberately sought to harm him or had filed the report in bad faith. The court also considered an earlier ruling that fined the mother Dh3,000 for procedural misconduct in a family dispute. It said that violation did not, by itself, establish an abuse of the right to litigation in relation to the criminal complaint. The court concluded that the wrongdoing required to establish liability had not been proven. It therefore dismissed the father's Dh5 million compensation claim and ordered him to pay the court fees and expenses, as well as Dh1,000 in legal fees.