ECC 61/1999

The initial dispute involved a divorce and key issue was whether an decision by the court of Cassation could be appealed and the impact if the procedures had been invalid.

Background

A husband filed a case against his wife before the court of personal affairs requesting a divorce.

The court dismissed the case.

The husband appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the wife should be divorced from the husband.

Decision

The wife appealed the ruling before the court of cassation. The court dismissed the appeal.

The wife made a plea against the appealed ruling before the court of cassation. The court dismissed the plea.

The court of cassation said that Article 272 of the Advocacy Law stipulated that a ruling issued by the court of cassation cannot be appealed. The court said that Article 147 of the Advocacy Law stipulated that the appeal should be accepted if the proceedings made by the judge were invalid. The court said that the court should have rejected the plea.

The court dismissed the appeal.