In my estimation, such ground does not fall within the permissible reasons for granting divorce. The reason for the fault-based divorce is sustained by the impossibility of the spouses to continue to live together and preserve a family. However, the Plaintiff admitted to have lived with the Defendant for ten years with the said ground being existed. Moreover, the Plaintiff can go to the doctor alone. If proven that her husband is the party who cannot have kids, and that caused her harm, she may then file for divorce on such ground and the Court shall order the Defendant to go to the doctor with her for examination. There remains another issue that must be addressed is that through the investigation initiated by the Court, it is clear that there is a claim of a reconciliation between the two parties and therefore the Court shall conduct the necessary investigation in this matter with the two parties. If proven to the Court that there is reconciliation, then the reconciliation cancels what precedes it and the Court shall discuss with the Plaintiff in this case the date of the Plaintiff's leaving from the marital home and the reason for leaving after the conciliation and then the Court delivers its judgment according to as evidenced to it. Civ. P. S. /793/Challenge of Cassation/ 2014 AD (P. 5) (Cont'd) Whereas, the Trial Court delivered its judgment on granting divorce before investigating the lawsuit as mentioned above, its judgment is accordingly deficient and is not legally established and shall be overturned and the papers of the lawsuit shall be returned to the Trial Court for further investigation in the lawsuit, as stated in this brief. Whereas, the Challenged Judgment (the judgment of the Court of Appeal) has overturned the judgment of the Court of Trial and ordered with the return of the papers of the lawsuit to the Trial Court to act in accordance with the note of the Challenged Judgment. The Challenged Judgment it is therefore worthy to be confirmed, which decides the overturn of the judgment of the Court of Trial and the return of the final papers of the lawsuit to the Trial Court for further investigation in the lawsuit, and not according to the guidance of its statement of claim, but in accordance with the note of this challenged judgment. Therefore, I decide, if the Honorable two Judges in the Circuit agree, to deliver our judgment to confirm the Challenged Judgment that orders with the overturn of the judgment of the Trial Court and the return of the final papers of the lawsuit to the same Court for acting as established in the note of this judgment. Al Tayeb Abdul Ghafour Abdul Wahab Judge of the Supreme Court 18/3/2015 AD