KCC 158/2001

This case involved whether provision of a car was required within the maintenance which should be paid to a wife and children on divorce.

Background

A woman filed a case against her husband before the court. She requested the court to order the husband to pay the value of a car for the use of her and her children.

The court ruled that the husband should pay the woman 10000 Dinars in order to buy a car.

The husband appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the husband should pay the woman 7000 Dinars.

The husband appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the court ordered him to pay the value of the car though Article 75 of the Law of Personal Affairs did not stipulate that the car was part of the expenses that the husband should pay.

Decision