Case for Dowry under Virtue of Divorce in an Instrument Not Issued by the Kingdom of Saudi Arabia

Our client claimed she was divorced from her husband in Yemen by him without her knowledge. She also claimed that she found a copy in her husband’s papers.

We contacted a Yemeni lawyer for divorce surrey who was able to obtain a true copy of this instrument. It had authentications from Yemeni Courts, the Yemeni Ministry of Foreign Affairs, and the Saudi Embassy. This was very quickly before the status quo.

We have verified the instrument with Riyadh’s Foreign Affairs and Justice Ministries since we received it. This means that such an instrument is authentic and cannot be duplicated except for forgery.

Our client filed a case alleging that she was married

A Defendant (Yemeni citizen) paid 20 thousand Saudi Riyals for a dowry in 1428 A.H.; the deferred payment is 100000 Saudi Riyals; she has been blessed with three children and her husband has filed for divorce in the Republic of Yemen. Plaintiff asks Defendant for both the down payment and deferred payments of dowry. Plaintiff claimed that she is his wife and stated that the contractual dowry was false. He also said that they had agreed on a true dowry of ten thousand Riyals; that no deferred payment has been made of that dowry; the stipulated one is fictitious and was intended to make her proud. He also claimed that he paid her one thousand Riyals, and is now in debt of nine thousand Riyals. And that he doesn’t have any evidence other than administering her oa. Defendant claimed that the Yemeni divorce instrument was fictitious because it is only for the marriage to another Moroccan woman. He also stated that the Moroccan Law requires that either the first wife consent or provide an instrument proving her divorce. He asked a Yemeni religious scholar to help him and he said that the issuance of such an instrument means that divorce had entered into effect. Accordingly, Defendant presented a document in Sana&&a indicating that Defendant had returned to Plaintiff. He also stated that he had quarreled about his wife’s mother and summoned police to end the matter.

We responded that the letter submitted to Defendant did not have an official authentication. That Defendant’s statement regarding dowry was a mere unfounded, ungrounded one because he acknowledged that he had divorced and that Islam does not consider divorce to be fictitious. Divorce automatically enters into effect upon its utterance.

Plaintiff was required to swear that she had received one thousand Riyals of the dowry by the judge.
Based on Defendant’s acknowledgment and Plaintiff’s oath, he ruled that the court would establish divorce on the date indicated in Yemeni Courts’ divorce instrument. Plaintiff is now his spouse unless he has a new contract or dowry. The judge also ordered Defendant to pay Plaintiff the sum of 119000 Saudi Riyals to cover the deferred and remaining dowry payments. The judgment was confirmed by the Court of Appeal and is now enforceable.