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 marrying 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 custody. .
In detail, a person filed a personal status lawsuit against his divorced woman, demanding that the judge drop her custody from their child and join him after she married a foreigner to the child, explaining that she was his wife and having a child, and after the divorce, she married another and neglected the care of the child, who often travels outside the country. .
The plaintiff demanded that his divorcee be refunded an amount of 50,000 dirhams, the value of the wage of the house from the date of her marriage, and the obligation to refund the amount of 2000 dirhams the value of what has been transferred to them and drop and stop custody wage of 2000 dirhams and alimony expense of 2000 dirhams starting from the date of the judgment with the obligation fees and expenses.
The court of first instance ruled that the case was rejected, and the court of appeals upheld it. The plaintiff appealed against the ruling, saying that his divorced wife married a foreigner to his son, lives in her husband's house, and is now pregnant and does not care for his son and leaves him at the maid and leaves the country with her husband. Maid's hand without his knowledge, "describing it as" insecure on the child and can not take care of him as the child is often absent from school. "
The Federal Supreme Court rejected the father's appeal, stating that "the decision is legally and pursuant to the provisions of Article (144/1 / A) of the Personal Status Law that" the custodian is required in addition to the conditions mentioned in Article (144) of the same law: A) be free of a foreign spouse from the custody, unless the court otherwise decides for the benefit of the custody, which is stated in the explanatory memorandum that if the incubator marries a foreigner from the custody, the court determines that the interest of the custody is in his stay with his mother married to a foreigner About her, her marriage does not forfeit her right to custody. "
The court pointed out that the appeal judgment had ruled the custody of the young at his mother, despite her marriage to a foreigner. Because his interest requires it, especially in the light of the medical condition he suffers.
The court upheld this claim, stating that the law stipulated in article 148/2 of the Personal Status Law that "the incumbent shall be obliged to pay foster dwelling unless it is in the custody of the sponsor." The incubator owns a dwelling in which she resides or is allocated to her dwelling. That is, since the incubator is staying with her husband in his dwelling and the young with her - to allow the foreign husband and not object to stay with her, it is thus the dwelling of the dwelling, which is in the sense that it is allocated to her dwelling and therefore it does not obligate the custodial father to provide Her nursery dwelling.
She pointed out that the fixed papers that the plaintiff is obliged to pay an amount of 25 thousand dirhams per year rent of a house and 500 dirhams per month the cost of electricity and water under an appeal, while the plaintiff acknowledged that she moved and her son cuddled to live with her new husband in his residence, which is with the plaintiff's request The aim of the reimbursement of the value of the wage of the house and the costs of water and electricity is a legitimate request that must be met from the date of her marriage.