All these evidences confirm consent and acceptance of the appellant of her
marriage contract throughout all stages; she had done and prepared herself for all
the requirements of wedding and her follow up with the whole process is
considered a strong evidence of consent.
As to the issue mentioned in the objection petition that, such evidences are
rebuttable and the Trial Court has failed to question the appellant about such
ceremonies and all the things the appellant has done and accepted, this issue has
been concluded before the lower courts, as the appellant has completely failed in
proving the contrary/ opposite of those evidences and her full consent and
acceptance were proved and that she had proceeded all acts that reflect them as
married. The cassation decision No.: 7/1972 stated that, the examples included in
the addendum of circular No.: 54, issued on: 06/08/1960 in proving acceptance of
marriage were mentioned as examples to the criteria or standard of evidence
from which an implied acceptance, provided that, such act shall be a consequence
of marriage contract or an impact thereof. It was proved that, the fact that
appellant had attended the ceremonies, prepared herself, accepted relatives
congratulating her on her marriage and thereafter, as per the applicable customs
travelled to Khartoum, met her husband attended the party and moved to the
matrimonial house with her husband. All such practices are consequences and
impacts of marriage contract and the cassation decision No.: 25/1973 has stated
that, the examples illustrated in the above-mentioned Circular No.: (54) are
evidenced that that indicate consent and shall be relied on if confirmed, that an
indication implied by a legal evidence is imposed by law and is outside/ beyond
the discretionary power of a judge, hence, it shall be admitted and relied on.
Whereas, the contested judgment is sound and in accordance with the law and
the rules of Sharia Law, if my respectful colleagues agree, I believe that the
judgment shall be upheld and the objection shall be cancelled and the appellant
shall be ordered to pay the respective fees.
Dr. Sitanna Abdul Galil “signed”