UAE resident left with Dh120,000 debt after husband flees; can travel ban be imposed on spouse?
Sara, a resident of Dubai, had been married for seven years, and she decided to leave the marriage. Since this was the reason for leaving, to her surprise, her husband abandoned their home with their two children. When she executed the order and attempted to place a travel restriction on her husband, it was of no use.
“The court refused to grant the travel ban and it referred to a legal provision that a wife cannot impose such restrictions on the travels of the husband,” says the 31-year-old accountant.
In the two months following the divorce request, the Indian expat's husband left for Saudi Arabia in September 2024. “As soon as I asked my husband about seeking divorce, he disposed of his vehicle, cleaned up his business activities as well as terminated the lease of the apartment that we shared." She had begun to relocate out of their residence with her children by this time. Then I heard from a mutual friend that he traveled out of the country,” she added.
Sara stated that throughout their marriage, her husband had three business ventures, all of which failed and all of which, she borrowed Dhs 120,000 to try to support her husband’s ventures. Whenever possible she would also help him by paying the child’s school fees and the house rent as he was in bad financial shape.
As for the loans, the only proof she appertains to self concerning the loans are the transfer receipts in market loans to his account.
Nothing has changed in the divorce case because after the three preliminary consultation sessions which showed that there were grounds for divorce and appropriate alimony was determined, he never attended any of the hearings.
‘I have been the one going to them because I have been moving up and down with my child’s school fees amongst other activities and trying to repay the loan that I took for him. Hence, it has become pretty difficult to get a lawyer owing to high legal charges’. Complications from the Julia biography.
Can a wife put a travel ban on her husband?
One of the founders of Aramas International Lawyers, Samara Iqbal discussed the verdict concerning the prohibition from travel on a spouse.
“For the most part, in the UAE, a wife will not be able to unilaterally place a travel precaution on her husband. At the same time, there are instances where a travel precaution may be placed, however these do mostly involve legal proceeding related actions or government actions,” this is how Samara outlined the situations.
Here are few ways a travel ban might be imposed:
Legal disputes: If the wife decides to pursue litigation against the husband (be it for monetary compensation, seeking the dissolution of marriage, or even child custody), the court may order to restrict travel of the said husband.
Debt-related issues: In case the husband has any business dealings, creditors may apply to the courts and impose a travel restriction on the debtor. A wife will not be able to initiate this restriction upon the husband but it may lead to such actions depending on the financial problems arising out of the marriage.
Custody cases: During divorce or child custody disputes, courts may deport one or several parents (often the male parent) with issues or threats to do so, such as a kinsman traveling out of the nation with kids.
"Even though a wife is not the one to request for a travel ban due to the fact that slapping a travel ban on anybody is not within her absolute power, there are legal proceedings and orders under certain circumstances that can result in such a travel ban on a husband. The wife does not take this move independently, it is in court," observed the attorney.
In addition, the divorce and family lawyer provided detail of how a travel document may also be withheld from children. “Often in the course of or post marriage dissolution, one of the spouses makes desperate attempts to escape the country with the children this complicates the matter,” she said.
“In such circumstances, the Court may impose a prohibition for the child or children’s parent or any other person in care of children taking the children out of the Country,” she went on.
This gives the distressed spouse the assurance that the child/children will not be removed from them and the issues are handled within the same jurisdiction.
Can money be retrieved?
In the case with Sara’s husband, where all the money she borrowed from a bank was consumed by her spouse and unwilling to be seen again as usual, Samantha tried to clarify will it be possible to get back her funds.
In this scenario, if the money was withdrawn from the bank under her account on her name then it is mostly impossible because those funds are considered as having been used and dispersed within the individual’s range of activities. Electric transfer slip diversions may not be adequately sufficient evidence for the court: a family lawyer.
As people as borrowers take loans or acquire properties in the UAE, there is a change in the respective borrower’s except in the us where all have an alien relaxation, no one. The courts require sufficient evidence if any was moved in order to take action.
Try there in the state all any asset can be borrowed as long as it is necessary, people have been forced managed about all their creditors, except ‘that no money can be recovered tempt the court may return the money or she may require the other party to repay the sum.’ according to Samara.
‘It can be possible where the other party, that is her husband who is the partner that has that particular claim, has advanced; that is the section in which the money can also be retrieved,’ cut in Samara.
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