She confirmed that the possibility of free education exists

The Federal Supreme Court refuses to compel a divorced man to pay his son's fees to a private school

The court upheld the mother's appeal regarding the rent.

Photography: Eric Arrasas

The Federal Supreme Court rejected an absolute appeal against a ruling refusing to obligate her divorcee to pay the tuition fees for their son in a private school at a value of 74,000 dirhams. List fee.

The court confirmed that educating children, although it is included in the general alimony that the father is obliged towards his child, but that the decision is that the study of the child is the competence of the guardian of the soul and one of his affairs as he is responsible for his care and preservation of his child, including choosing the type of study and school to which he is attached, and it is not permissible for the incubator Choosing a particular school or private school without his express consent.

The divorced woman, the mother of the child, had filed a lawsuit against her divorced one, demanding that he oblige him to pay a monthly alimony for his son from the date of the year prior to filing the lawsuit in the amount of 4000 dirhams, and a nursery fee for her at 3000 dirhams per month, and a maid’s wages from the date of filing the lawsuit, the amount of 1000 dirhams per month, He was obligated to pay the tuition fees for their son, which I paid for the years 2010 to 2012, and obligated him to pay his son’s school fees on a regular basis for the coming years, with a mandate to hand over a certified copy of his son’s passport.

The Court of Appeal rejected the ruling of the first degree in his apartment related to housing rent and study fees, while it awarded her a nursery fee of 300 dirhams per month. The mother did not accept this ruling, so she appealed against it before the Federal Supreme Court.

The court rejected the mother's appeal regarding tuition fees, as it confirmed that the father is not obligated to pay the fees she paid as long as the possibility of teaching him in public schools without fees exists.

It also rejected her request for an increase in the incubator's calculated wages of 300 dirhams per month, stressing that the trial court has absolute authority to estimate the amount of alimony based on the extent to which the spender is left, the needs of the spender, and the circumstance of time and place without oversight in that.

She also refused her request to provide a maid or to obligate her divorced woman to pay her, explaining that the decision in the Maliki jurisprudence is that the father is not obligated to pay a maid to his son in the nursery, unless he needs a servant and the father is full, but if the boy is not in the nursery and does not need the maid, and the father is not He is full, so he does not have to serve his son, and the court concluded that the plaintiff is cuddling one son and does not need the presence of a maid.

The court upheld the mother’s appeal regarding the housing rent, confirming what was decided by the first-degree ruling obligating the defendant to pay a housing allowance to the plaintiff of 25 thousand dirhams annually, as according to Article 148 of the Personal Status Law: , unless the custodian owns a residence in which she resides or it is designated for her residence), and it is established that the plaintiff resides in a room in her family’s house, which the defendant did not deny, and therefore she does not have a residence and is not allotted to her a separate residence with her and her custodian, and then he must Provides private housing or private housing rental expense.

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