07 Sep RETRAXITING FROM A DIVORCE SUIT MEANS FORGIVING THE FAULTS
A waiver of a divorce case is considered that defects prior to the date of the waiver are forgiven, at least met with leniency. Cases that are forgiven or met with tolerance cannot be made a reason for divorce. You can look at the example Supreme Court decision.
2. Law Department
Base Number : 2015/26643
Decision Number : 2016/2356
“text of jurisprudence”
Court : Family Court
Case type: divorce
At the end of the reasoning of the case between the parties, the provision given by the Local Court, the date and number shown above, was appealed by the plaintiff man, the documents were read and discussed decisively.:
1-since the plaintiff male reported that he waived his declaration on the appeal of the divorce decision with his petition dated 26.12.2014, it was necessary to decide on the rejection of the appeal request for this issue due to the waiver.
2-as for the examination of the plaintiff’s appeals other than divorce;
a-according to the articles in the file, the evidence on which the decision is based, and the reasons in accordance with the law, and in particular, there is no error in the evaluation of the evidence, the appeals of the plaintiff, which fall outside the scope of the following bend, are unwarranted.
b-from the collected evidence, it is understood that the defendant filed for divorce in the Gulf Court of First Instance on 11.07.2012 with the main file 2012/512 and the woman waived this case on 09.04.2013. In this case, it is necessary to recognize that the defects caused by the husband before the date of the waiver are forgiven, at least met with leniency. Events that are forgiven or met with tolerance cannot be made a reason for divorce. In cases that lead to divorce, the defendant woman who does not take the plaintiff man home and receives his salary is completely defective, and poverty alimony and material-moral compensation are not provided for the benefit of the fully defective spouse. In this case, it is not right for the plaintiff to be considered fully defective and to rule on poverty alimony and material and moral compensation, although the conditions for the benefit of the defendant woman are not formed due to this erroneous determination of the defect.
Conclusion: the appeal provision shall be broken for the reason shown in Paragraph 2/b above, the parts of the appeal subject which are outside the scope of the violation shall be upheld for the reason shown in Paragraph 2/a above, and the appeal request for the divorce case accepted by the plaintiff man shall be upheld for the reason shown in Paragraph 1 above. a unanimous decision was made to reject it for the reason shown in the paragraph, to return the advance fee of the appeal to the Depositor on request, and to correct the decision within 15 days from the notification of this decision. 12.02.2016 (Friday)
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