In my opinion, the argument of the appellant’s lawyer applied a good adaptation of the facts whilst
the tribunal court of the first instance committed an error. Abandonment doesn’t give the man the
right to discipline his wife on the on the condition that this doesn’t contradict verse 34 of the Surah
AL-Nissa. The wife has the right to request the diverse if the abandonment exceeds the limit to
disciplinary action. If the wife (the opponent) left her marital home because there was another
woman that would have been a strong reason to argue the case, but in didn’t have a problem living
with her (S 79 of the Family Law Act)
Therefore, the wife leaving her matrimonial home without a legal excuse and shall result in
forfeiting her right to family expenses according to section 75 – B of the Family Law.
Consequently, the rule of the subject matter of this appeal is passed in violation of the law and it
should be canceled and replaced with a decision dismissing the case.
Final Order: 1-Dismissal of the decision appealed against
2-Issuance of a new decision dismissing the case
3- Parties shall be summoned and notified.
Abdalmoniem Mohammed Alfaki
The Judge of the general Court
29/4/2018