A wife claimed that she was harmed by her husband and did not speak to her after twelve o’clock in the morning and left the marital home without legal justification, which prompted her husband to file a lawsuit against her to oblige her to return to the marital home and submit to his obedience.
The details indicate, according to what lawyer Abeer Abbas Karimi reported, that her plaintiff client married his defendant wife with a valid and documented marriage contract, but after a period of time had passed since their marriage; His wife refused to return to the marital residence without a legitimate justification, which prompted him to file a lawsuit against her, requesting that she be obliged to return to the marital residence. Accordingly, his wife filed a cross-suit in which she requested her forced divorce from her husband in exchange for her returning the amount of the dowry offered and relinquishing all of her legal rights, on the basis of a document from Saying that he always yells at her and does not talk to her after twelve o’clock in the morning.
In turn, the Family Conciliation Office initiated conciliation and reconciliation procedures in the case and submitted its report, which concluded that there was no agreement between the two parties or reconciliation between them.
For its part, the court discussed the case received in the minutes of its sessions, in which the plaintiff was represented in person and the husband was represented on his behalf. The wife requested a divorce due to harm due to the husband screaming at her and not speaking to her after twelve o’clock in the morning and closing the car door on her for 20 minutes one day. Accordingly, the court referred the case for investigation. For the plaintiff to prove by all means, including the testimony of witnesses, the harm inflicted on her by her husband, and for the husband to deny what she fabricated.
The court heard the testimony of the wife’s uncle and brother, who stated that they learned from the wife that her husband had left her in the car for 20 minutes. The court also heard the testimony of the husband’s friend, who stated that the husband treated his wife well. Since that was the case, the court was not reassured by the wife’s two witnesses, and thus the wife had She was unable to prove the harm caused to her.
Given the above and what is established from the documents is that the marriage is still existing between the two parties, and the basis of the lawsuit was the husband’s request to compel his wife to obey him and return to the marital residence, and what is established is that the wife refuses to join the marital residence because she claims that she is harmed and she has filed her suit for divorce due to harm, which is the matter that The Sharia court decided to reject her claim because she did not prove what she claims, as her departure from the marital residence was done without legal justification. The court also ordered that she be obligated to return to the marital residence.
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