ABU DHABI // The Court of Cassation has rejected a claim by a man who said he was not the father of a boy his wife gave birth to.
In April 2013, the man filed a lawsuit requesting to test his infant’s DNA to prove the child was not his. He argued that his wife left their home in February 2012 without his permission and never returned. She gave birth to the child six months later.
The First Instance and Appeals Courts both rejected his lawsuit so he referred the case to the Court of Cassation.
He said the lower courts were mistaken because they did not consider his request for a paternity test.
He said after she abandoned their home and delivered six months later, she persuaded him to register the son under his name. He agreed, but this was not enough proof that the boy was his.
The Cassation Court, however, decided the plaintiff was not making a valid point. It cited article 90 of the personal affairs law that says a child is registered under the husband if the minimum pregnancy period was fulfilled while the married couple lived together.
“Islamic scholars have agreed that the child’s lineage is proven if the wife delivers him after six months or more from the date of the marriage,” said the court, “And the plaintiff did not deny that the sexual relationship continued between him and his wife.”
Also, he did not deny the infant was his son after the child was born at Al Noor Hospital in Al Ain in August 2012. He even registered him under his name on August 30
“His claim that he only issued the birth certificate because of his wife’s nagging does not benefit him in any way,” said the court. “Because issuing the birth certificate stating that he was the father is a clear statement that he is his son.”
In addition, the man only filed his lawsuit seven months after the boy’s birth. The husband’s inaction after his wife gave birth was considered proof that he accepted the child as his own.
Therefore, the Cassation Court upheld the lower courts’ ruling to reject the lawsuit.
hdajani@thenational.ae
