ECC 142/69

This case involved a request by a wife for a divorce after she had claimed she was unsafe with her husband and was being made to stay in unsuitable housing. The court could not alter an arbitration ruling under which she had agreed to relinquished her right to a deferred dowry and alimony.

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.