KCC 266/2001
This case involved a divorce where a woman was beaten and insulted. A key point was whether it had been wrong for the case to me considered by the court's Sunni department when the marriage contract was a Shiite one.
Background
A woman filed a case against her husband before the court. She requested the court to divorce her from her husband and pay her entitlements. She said that he used to beat and insult her and that he threatened to kill her.
The court ruled 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. He said in his grounds of appeal that the appealed ruling had been invalid. He said that the case has been considered by the Sunni department of the court though the marriage contract was signed according to Shiite arrangements. The court said that the case should have been considered therefore by the Shiite department.