ECC 459/1999

This case involved a request for dismissal of an obedience warning which was amended a request for a divorce was made. The key point was the ability to amend requests to the court which the court had the authority to consider. It was also not necessary that arbitrators appointed in divorce cases be family members.

Background

A wife filed a case against her husband before the court of personal affairs requesting the dismissal of an obedience warning issued by the husband. The wife then amended her request and requested a divorce.

The court ruled that the wife should be divorce from her husband.

The husband appealed the ruling before the court of appeal. The court upheld the appealed ruling.

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 insufficient evidence of causation. He said that the wife had amended her request without explaining the reasons behind this amendment. The husband also said that the two arbitrators the court appointed were not relatives of the husband and the wife.