Background

A wife filed a case before Riyadh General Court claiming she had married her husband 25 years ago and had nine children with him. However, he had divorced her when he found out that he had AIDs and cancer. The wife claimed her husband had divorced to prevent her from inheriting from his estate. Therefore, the wife requested that the court nullified the divorce.

The husband stated he had divorced the wife because she had requested the divorce. He also added that he was suffering from cancer.

The court requested a report from the military hospital in Riyadh which confirmed the husband was suffering from cancer and had been treated at the hospital with chemotherapy. However his condition was now stable.

The court assessed the husband and established that he had full mental capacity so proposed he return to his wife but he refused.

Decision