The Court of Appeal decided to divorce a woman from her husband for the damage, prove her custody of her three children from him, and compel the divorced woman to pay her a dowry deferred amount of 30 thousand dirhams, a comprehensive child support of 3000 dirhams per month, and replace the custody home with a value of 35,000 dirhams, 500 dirhams per month, and pay him a custody fee. By submitting the original ID cards, birth certificates, and health insurance cards for children.
A woman had filed a lawsuit against her husband demanding that she divorce her husband for the harm, prove her custody of her children and obligate him to defer dowry, expenses and housing. The first instance court rejected her case, and the prosecutor appealed this ruling to the Court of Appeal.
Lawyer Ali Al-Abadi, the plaintiff’s defense, said in the appeal that “the ruling violated the fixed documents, when he did not accustom to the harm that occurred to his client, by the defendant, by his constant beating and insult under a criminal case and who relied on the medical report that demonstrated the existence of a bloody bruise with a bruise On the right and left hour, the defendant has been convicted and the verdict has become final and final, and that he is often assaulted with severe beatings in addition to insulting, abandoning, neglecting and not spending on her and her children adhering to her mentioned request.
For its part, the Court of Appeal upheld this appeal, explaining that the text of Article (122) of the Personal Status Law considered that the judicial rulings issued on one of the spouses are conclusive evidence of the evidence of the harm that is required for divorce, and thus the criminal ruling issued against the defendant is evidence of the occurrence of gross harm on his part. His plaintiff’s wife, which does not marry marital life with him on this approach, as marital life must be based on affection and mercy, which is not achieved between the two parties and does not detract from that from the defendant’s denial of the harm caused to the plaintiff if he did not respond to what was proven by the occurrence of the harm For his part, it is permissible according to the Islamic law, which requires the judiciary to divorce the plaintiff from her husband, a clear shot of the damage, and she has to count her count according to her condition from the date this judgment becomes final.
With regard to the plaintiff’s request to establish custody of her children according to the decision legally and legally, the court stated that custody is the preservation of the child and his upbringing and care in a manner that does not contradict the guardian’s right to guardianship over himself and stipulates in the custodian reason, puberty, honesty, ability to raise custody, maintenance and care, and safety from serious infectious diseases and not precede judgment With one of the crimes on the offer, and that the woman who is incubator free from a foreign husband from the custody has entered into it and to unite with the custody in the debt and that the custody of women ends with the arrival of the male eleven years and the female thirteen years unless the court sees the extension of the age until the boy reaches the marriage and the female.
The court concluded that the claimant had the right to respond to her request to establish her right to custody of her children.