KCC 96/2002

This case involved maintenance payments including rent due to a wife.

Background

A woman filed a case against her husband before the court. She requested the court to order the husband to pay her the daily expenses and the wages of a servant. She said that her husband had failed to pay her expenses for two years.

The court ruled that the husband should pay the wife 100 Dinars per month in addition to 100 Dinars for renting a house.

The woman and the husband appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the husband should pay the expenses starting from 20/07/1990.

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 payment of the rent should be commence starting from the ruling date. He said that the woman did not deserve the rent because he lived abroad and because the tenancy agreement she provided was a simulated one.

Decision