ECC 142/69
Background
A wife filed a case against her husband requesting the annulment of an obedience warning made by her husband who had ordered her to go to a house which did not meet legitimate requirements. She also claimed she was not safe with him. The plaintiff sought a divorce and the court appointed arbitrators.
The court issued a divorce ruling. The husband filed an appeal before the Court of Appeal who confirmed the Court of First Instance ruling.
Decision
The defendant filed an appeal in cassation on the grounds that the appealed ruling had violated the law because it had granted a divorce to the plaintiff without prejudice to her rights .Therefore, it had contradicted the arbitrator's report that proved the wife had given up her right to receive the deferred part of a dowry and alimony.