ECC 451/2000

A case involved a request from a claimant to dismiss an obedience warning and grant her a divorce from her husband.

Background

A woman filed a case against her husband requesting that the court dismiss an obedience warning issued by her husband. The woman stated that the husband had physically and verbally abused her and refused to pay her living expenses. The woman then requested that the court grant her a divorce from her husband.

The court appointed two arbitrators and ruled that the obedience warning be dismissed and granted the divorce.

The husband appealed and the appeal court upheld the ruling.

The husband appealed by cassation.

Decision

Before the cassation court, the husband argued that the ruling had insufficient evidence of causation as the court had established its ruling based on the testimonies of witnesses, and one of the witnesses had testified that he had not seen the husband hitting his wife.

The court stated that this argument was invalid as the court had established its ruling based on the arbitrators report as well as witness testimony. The court held that the arbitrators report was enough to conclude such a ruling.

The court therefore dismissed the appeal.