The Federal Supreme Court rejected the appeal of the father of a child against a ruling rejecting his claim regarding the dropping of custody of his divorced woman after her marriage to a foreigner.The court confirmed that the law granted the court an assessment of the interest of the custodians in staying with his mother married to a foreigner and that her marriage does not forfeit her right to Nursery.
In detail, a person filed a personal lawsuit against his divorcee, demanding that her custody of their child be dropped and annexed to him, after she married a foreigner to the child, explaining that she was his wife, and gave birth to a child. .
The plaintiff demanded that his divorced woman be reimbursed 50,000 dirhams, the value of the rent of the dwelling, from the date of her marriage, and obliged her to reimburse the amount of 2000 dirhams, the value of what has been transferred to her, and drop and stop the custody fare of 2000 dirhams, and the expense of the youngster 2000 dirhams, starting from the date of judgment. Commit fees and expenses.
The court of first instance ruled that the case was rejected, and the court of appeal upheld it. The plaintiff appealed against this ruling, saying that “his divorcee married a foreigner to his son. She lives in her husband's house. She is now pregnant and does not care for his son. Leaving the child in the hands of the maid without his knowledge », describing them as unsafe for the child, and can not take care of him, and the child is often absent from school.
The Federal Supreme Court rejected the father's appeal, explaining that if the incubator marries a foreigner from the custody, if the court assesses that the interest of the custody of his stay with his mother married to a foreigner, her marriage does not drop her right to custody.
The court pointed out that the appeal judgment ruled continuously custody of the young at his mother, despite her marriage to a foreigner, because his interest requires it, especially in light of the medical condition he suffers.
Regarding the plaintiff's claim for the rent of the house and the electricity allowance he paid for the divorcee, even though she lives in her husband's house, the court upheld this requirement, stating that the law stipulated in Article 148/2 of the Personal Status Law that “those who are obliged to pay the custody The fare of a foster dwelling unless the foster owns a dwelling or a dwelling in her dwelling. It is intended for her dwelling and therefore the custodial father is not obliged to provide her a nursery.
According to the paper, the plaintiff said that the plaintiff is obliged to pay 25,000 dirhams per year for rent of a house, and 500 dirhams per month for electricity and water costs, under an appeal judgment, while the defendant admitted that she and her cuddled son moved to live with her new husband in his residence. With him, the plaintiff, seeking to reimburse the rent, the cost of water and electricity, requested a legitimate request to be met, starting from the date of her marriage.