The Supreme Federal Court, a wife (other than her income), ordered the repayment of her dowry, the payment of 150,000 dirhams, the value of the marriage ceremony and the "zehbeh" incurred by her husband after she refused to complete the marriage ceremony and move to the marital home.
A woman filed a lawsuit demanding divorce from her husband after marriage, before marriage and moving to the marital home, citing her husband's delay in completing the marriage, while the husband filed an appeal against her seeking to sentence him to commit his wife to complete the marriage ceremony, To the marital home, and the reserve, and in case of unwillingness to, refund the dowry and «Zhabba» and pay the expenses incurred.
The Court of First Instance ruled that there was no reason for separation and suggested the continuation of marital life, stressing that it is better for the couple to move to the marital home prepared by the husband. The court ruled that the wife's claim was rejected and the same action obligates the wife to complete the marriage ceremony.
The wife appealed the decision before the Court of Appeal, which in turn decided to award two other experts, who filed their report, in which they decided to differentiate with a payment paid by the wife, asserting that the mistake was due to the wife who violated the marriage contract to order the court to divorce the wife and forced her to return the entire dowry she held, In the backside.
The husband agreed that the marriage was more than 200 thousand dirham. The husband agreed that the marriage contract would be more than 200,000 dirhams.
The court explained in the recitations that there are some special cases that are only suitable for separation between the spouses with the obligation of the allowance, and therefore divorce began as a legitimate exit when it is not verified that the survival of this association of the purposes of marriage.
It noted that the effect of the dissolution between the parties required that, if the contract was terminated, the dispute would be considered as if it were not for the parties, and everything must be returned to what it was before the contract and the two contractors would return to their pre-contract status.
She pointed out that the written evidence, including the customary editors, was in bills and receipts, and that the total amount incurred by the husband, and what was handed over to the wife in cash and in kind, which he lost, up to 150 thousand dirhams, and then the elements of responsibility towards her from wrong and damage And a causal relationship, and therefore the wife was obliged to refund the amounts, and what was handed over to it, including «Zahba», and the provider of the dowry.