Waiving a divorce case is considered as forgiveness of mistakes made prior to the date of waiver or at least tolerance of such mistakes. Situations that are forgiven or tolerated cannot constitute grounds for divorce. You can review the Sample Supreme Court Decision.
Legal Department
File Number: 2015/26643
Decision Number: 2016/2356
“Text of Justice”
COURT: Family Court
CASE TYPE: Divorce
The plaintiff man appealed the decision issued by the local court in the case between the parties mentioned above with the date and number indicated. The document was read and the necessary matters were discussed:
1- Since the plaintiff man stated in his petition dated 12/26/2014 that he waived his right to appeal the divorce decision, the appeal on this matter must be dismissed due to waiver.
2- Regarding the examination of the plaintiff’s objections other than divorce;
a- According to the documents in the file, the evidence on which the decision is based, and the legal grounds, and especially since there is no error in the evaluation of the evidence, the plaintiff’s objections outside the scope of the following paragraph are unfounded.
b- The evidence obtained shows that the defendant woman filed for divorce at the Gulf Criminal Court of First Instance on July 11, 2012, under file number 2012/512, and withdrew from this case on April 9, 2013. In this case, it must be accepted that the faults caused by the defendant prior to the date of withdrawal from the case were forgiven or at least tolerated.
Forgiven or tolerated events cannot be grounds for divorce. In the events leading to the divorce, the defendant woman, who did not take the plaintiff man home and took his salary, is entirely at fault, and alimony for poverty and material and moral compensation shall not be awarded in favor of the entirely at-fault spouse. In this case, even if the plaintiff man is deemed entirely at fault and the conditions relating to the defendant woman’s interests are not met due to this erroneous determination, it is not correct to award alimony and material and moral damages, and this situation requires the decision to be overturned.
CONCLUSION:
The appealed decision has been OVERTURNED for the reason stated in paragraph 2/b above, and the appealed parts not covered by the cancellation have been APPROVED for the reason stated in paragraph 2/a above. The appeal of the male plaintiff regarding the accepted divorce case has been REJECTED for the reason stated in paragraph 1 above. In the event of an appeal, it has been unanimously decided that the appeal fee shall be refunded to the payer and that a correction shall be made within 15 days after notification of this decision. 12.02.2016 (Friday)