ECC 320/1999

This case involved a request for a divorce on the grounds of domestic abuse. Key issues included the status of evidence from the wife's witnesses and the differences between this ruling and a ruling on an obedience order.

Background

A wife filed a case against her husband requesting the Personal Status Court to rule on an irrevocable divorce because she had discovered that her husband suffered from a psychological and neurological disorder. He had also started beating and insulting her then had taken her household effects after throwing her out.

The court rejected the case.

The plaintiff filed an appeal and the Court of Appeal repealed the appealed ruling and ordered the plaintiff should be separated from her husband by way of an irrevocable divorce.

Decision

The plaintiff filed an appeal before the cassation court on the following grounds:

The plaintiff's appeal was rejected because it came after the scheduled date and after the addition of the time limit.

The court said that the argument was erroneous as under Articles 252 and 213 of the procedural Law and according to the documented evidence; the appeal had been filed by the scheduled date. So, it is acceptable in form.