he suspects that she has affairs with other people, libels her honor and insults her, calls her impolite and had slapped her on her left chick whereupon she kept bleeding. He had threatened her that he will put her in two pieces and had also threatened her brother by a knife on: 17/05/2013. Whereas, she did not make up with him ever since, which is a harm that renders continuity of matrimonial companionship difficult, therefore, she requests divorce based on harm. The Appellant responded to the case, ratified marriage and denied harm and plaintiff has been asked to bring evidence. The Court decided that the heard evidence is inadmissible and explained to the respondent that she has a right to request oath. The Respondent requests the appellant to be sworn on oath, and the defendant admitted that he had beaten the appellant and admitted the accusation. The Court issued its judgment deciding divorce based on harm. Appellant did not agree with the judgment and had submitted his appeal to Khartoum Court of appeal. In its memorandum under No.: #/69/2015, the Court cancelled the appeal on summary basis on 08/04/2015 and ordered the appellant to pay the fees. Mr. Mohammed Abdulal Al Shareef has submitted this objection on 04/06/2015, against the decision issued by the Court of Appeal, Whereas, the appellant had taken cognizance of the contested judgment on: 01/06/2015, then, being submitted within the legal time, the appeal is admitted in form. In subject, Mr.Mohammed Abdulal Al Shareef builds his objection on the following basis: 1. Beating was intended as disciplinary. 2. Nothing in the case confirms the fact of beating and the Court of Appeal has relied on the accusation witness No. (1), which was a hearsay.