ECC 223/2000

This case involved a request for the dismissal of an obedience warning which led to the court ruling a divorce. The third arbitrator had issued a single report and had not met the husband's arbitrator so there was insufficient evidence.

Background

A wife filed a case against her husband before the court personal affairs requesting the dismissal of an obedience warning issued by the husband.

The court ruled that the obedience warning should be dismissed and that the woman should be divorced 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 that the third arbitrator had issued a single report and had failed to meet the arbitrator of the husband.

The court said that this argument was valid because the third arbitrator introduced a single report about the dispute and admitted that he did not meet the arbitrator of the husband in violation to the relevant laws. The court said that the court should have adopted the proceedings of proof.