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I am a non-Muslim Asian man. I discovered that my wife is having an affair with another man. I know it is a criminal offence in the UAE and I want to know about the punishment for such an offence. I would also like to know what kind of evidence is required to file a criminal case? The punishment for adultery in the UAE is between one and three years imprisonment and deportation. However, a judge has the discretionary power to suspend the jail sentence altogether or reduce it significantly.
If you are planning to proceed with criminal charges against your wife and her boyfriend you should provide any kind of evidence you have, including witnesses, photos, videos, emails, messages exchanged or a letter of admission from your wife to you. In general, the criminal court has full discretionary powers to evaluate and determine whether or not your wife committed adultery based on the subjective evidence you produce.
Bear in mind that if you want to proceed with criminal charges, the evidence submitted or investigated will need to establish that your wife had a physical relationship with another man. Proof that she had an affair will be sufficient in the family court to win favourable verdicts in divorce and custody cases. However, in a criminal court, an allegation of adultery would need to be substantiated with proof that a physical relationship existed outside wedlock.
It is worth noting that you have the right to request the Judicial Authority to check the SMS exchanges between your wife and her boyfriend. In general, if you have partial or reasonable evidence then you have the right to launch a case.