DCC 102/2005

This case involved the date from which a divorce should be considered to have happened and the date of the waiting period.

Background

An Appellant divorced his wife on 29/4/2004 at her request and did not obtain an official divorce document and wished to prove this divorce.

During the case, the Respondent's lawyer filed a motion to prove the divorce from the date of its approval on 7/9/2004, and the allowance of the wife for expenses because of the legitimate privacy and compensate for unfair an divorce as there was a three-year alimony for someone who was not a breadwinner under Syrian law,

The Plaintiff admitted that there was a legal privacy between the parties.

Proceedings

Court of first instance | Decision dated 22/02/2005 The court rejected the original case in respect to proving the divorce on 29/4/2002 and ruled on proving it on 1/8/2004 and ordered the Plaintiff to count the waiting period.

In the counter-claim, the court ruled that the Plaintiff should pay the Defendant an alimony for waiting period of 1,000 AED per month from the date of 1-8-2004 until the end of the period and rejected the compensation for divorce.