Background

This case involved a request by a wife for a divorce and dismissal of an obedience warning. The husband appealed on the basis he had not been at the arbitration hearing but this did not impact the judgment.

Decision

The husband appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had violated the right of defence. It was said that the court had established its ruling based on the report of the judgements though this report did not include his testimony. The husband said also that he had requested the court to refer the case to investigation but the court dismissed his request.

The court said that this argument was invalid because Article 9(1) of Egypt Law No. 25/1929 and its amendment by Egypt Law No. 100/1985 stipulated that the task and the decisions of judgments should not be affected if one of the disputed parties fails to attend the arbitration hearing.