Question: My wife has an illegal relationship with her boyfriend and does not live with me even though her visa is sponsored by me. I have evidence of his extramarital affair. If I file a complaint against them, what will be the legal implications for my wife and boyfriend? What is the legal procedure and court fees involved to take appropriate legal action?
Answer: Based on your inquiries, it may be noted that in the UAE having an extramarital relationship or entering into a (sexual) relationship with someone who is not married to you is punishable by law. This is in accordance with Article 356 of Federal Law No. (3) of 1987 related to the issuance of the penal code (the ‘UAE Penal Law’), which states: “Without prejudice to the two previous articles, the crime Indecent assault with mutual consent shall be punishable by detention for at least one year; and if the crime is committed against a man or woman under the age of 14, or if the crime is committed by coercion, it shall be punished with temporary imprisonment.
It is illegal for your wife and boyfriend to have an extramarital affair. Furthermore, if you have sufficient and admissible evidence to prove your claim regarding your wife’s extramarital affair, you may consider filing a criminal complaint against your wife and boyfriend with the prosecutor or the police station with jurisdiction in the UAE.
If your wife and boyfriend are found guilty, the court can order the deportation of both. This is in accordance with Article 121 of the UAE Criminal Law, which states: “In the event that a foreigner is sentenced to a sentence that restricts liberty in a felony or misdemeanor, the court may order deportation outside of the state and deportation becomes an obligation in crimes against honor.
Based on the aforementioned provisions of the UAE Criminal Law, the prosecutor or the police station will investigate your criminal complaint and may register a criminal case against your wife and boyfriend, if it is finally determined that a crime has been committed. There are no court fees to file a criminal complaint in the UAE. It is recommended that you consult a legal professional in the UAE for further professional advice.