KAT 225/2002

This case involved whether a wife who requested a divorce should be paid all her entitlements. A key point was whether the third arbitrator had confirmed the husband was the abuser.

Background

A wife filed a case against her husband before the court. She requested the court to order the husband to divorce her and pay her dowry. She said that her husband used to insult and beat her.

The court ruled that the husband should divorce his wife and pay all her entitlements.

The husband appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the husband should not pay the wife's entitlements.

The wife appealed the ruling before the court of cassation. She said in her grounds of appeal that the appealed ruling had violated the law. She said that the court established its ruling on the grounds that the arbitrators had failed to determine the actual abuser though the third arbitrator concluded that the husband was the abuser

Decision