Her divorced income remains unchanged and laden with debt

Federal Supreme refuses to increase the absolute alimony for 3 girls

The Federal Supreme Council rejected the woman’s appeal against the “appeal” ruling.

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The Federal Supreme Court rejected the appeal of a divorced woman who is a woman with three daughters, against a ruling rejecting the increase in alimony, as it confirmed that it took into account the income of her divorced woman, and that no apparent money appeared, and that he only earned from his job and his salary that does not exceed 37 thousand and 300 dirhams, with the expenses of his wife's house The second, the debt that burdened him, and alimony for the daughters.

In the details, a divorced woman filed a lawsuit, demanding that her ex-husband be obligated to increase the expenses for her and her three daughters.

On the other hand, her divorced woman filed an opposing lawsuit in which he confirmed his request to reduce alimony due to the hardships he is going through, as he is married to another woman, is overburdened with debts, and has no income other than his salary, which has not changed with his subsequent request to drop the custody of his divorced two of his daughters.

The court of first instance ruled rejecting the original and opposing lawsuits, and the appeals court upheld the first ruling, except for what is related to the custody fee, and the plaintiff appealed the ruling, explaining that it violated the law regarding determining the expenses and their consequences, without taking into account the defendant’s income.

For its part, the Federal Supreme Court rejected the appeal, confirming that the husband is in charge of the task of spending on the members of his family, as he is responsible for their material, moral, economic and financial affairs, and that the alimony, as defined by Article 63 of the Personal Status Law, includes: alimony, food, clothing, housing and medical treatment. Service is for the wife, if she is one who serves her family, what is required by the matrimonial tenth by virtue of what is considered necessities and education for the children, taking into account the provisions of alimony from the housing costs of the child, the nursery fee, the expenses of childbirth, postpartum and 'aqeeqah, and expanding the family on holidays.

She indicated that it is stipulated in the Personal Status Law that it is permissible to increase and decrease alimony according to changing conditions, and the lawsuit for increase or decrease is not heard before the lapse of one year after imposing alimony except in exceptional cases, and that the increase or decrease of alimony is calculated from the date of the judicial claim, and not A watchdog on the trial court as long as it establishes its judiciary on justifiable reasons that are sufficient to carry it after being informed of the conditions of the parties, either easy or difficult, and the economic and social situation in time and place, and all the associated circumstances.

It concluded that the appeal ruling surrounded the foregoing Sharia rules, which he bestowed on the reality presented before him of an understanding of the reality and legal knowledge, after reviewing the defenses of the two parties, and then concluding with a conclusion compatible with the tolerant Islamic Sharia, the law regarding expenditures and their consequences, and on reasons for which they are fixed In the case file, which is in accordance with the provisions of Islamic Sharia law and the law, taking into account the defendant's father’s income, the absence of any apparent money, and his not earning it except from his job, and his salary that does not exceed 37 thousand and 300 dirhams, along with other household expenses, and the debts that weighed on him, Alimony for the three daughters.

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