DCC 55/2005

This case involved whether German law should be applied to alimony in a divorce case where the wife was a German national but there were no specific provisions in German law on muslim divorce.

Background

A Respondent filed suit No. 252 of 2002 against the Appellant, requesting the Court divorce her from her husband due to the latter's failure to spend money on her. The Plaintiff requested alimony as of 4-6-1997 and the Defendant to pay her dowry. The Plaintiff explained that she was the wife of the Defendant under a marriage contract dated 14-5-1997. She moved with him to the UAE where he worked. After a period of time, the Defendant began to harm the Plaintiff and stopped providing her moeny so she was obliged to rent a place to live.

Proceedings:

Court of first instance - Decision dated 25/11/2002

The Court of First Instance dismissed the case. The Plaintiff appealed this judgment.

Appeal Court - Appeal No. 269/2002 - Decision dated 5/7/2003