In the Name of Allah, Most Gracious, Most Merciful
Sudan judiciary Court of Appeal Khartoum
No. M A/A S Sh/2671/2016
MS. Sana Alfadil Khogali
Eman Moawia Ibrahim
Saif Eldeen Abd Alwhab Ali
Altigani Hussain Mustafa
Samar Muhammad Ali Muhammad
The appealed judgement issued by the Khartoum Court, in the lawsuit issued with number
The court of south Khartoum issued a decision that the judge rejected the Appellant's lawsuit, which
was previously accepted pro forma, and the Appellee was given the opportunity to respond. The
Appellee has responded, and the case is now ready to be decided on. The facts are summarized in that,
the Appellant applied to the trial court, calling for his daughter's custody to be dropped, because of the
custody holder [mother] entering into marriage with a person considered to be a stranger to his
daughter, who is three years old. The Appellee responded, acknowledging that she got married, but did
not have children with the new husband, and that she is wholly committed to the care of her [daughter].
She stated that the plaintiff is married to another wife with whom he lives, and that he has a child [from
that marriage] and also lives with his mother in Al-Salha area, and that his mother is a frequent traveler
between the city of Aldweem and Saudi Arabia. [The Appellee] thus requested the lawsuit be rejected
and issued a judgement in her custody’s favor.
The Appellant confirmed that his mother resides in Al-Salha area and that she has no other
commitments, but he denied she is a frequent traveler; he stated her house consists of two bedrooms
connected with two verandas, and a big yard with a room that he lives in with her children. He insisted
on his request to deny the Appellee’s custody.
The Court proceeded by instructing the defendant to provide evidence confirming her eligibility for the
custody. A hearing of the evidence of eligibility was completed, and accordingly the court made its
decision in her favor.
Therefore the plaintiff filed this appeal, in which the following reasons were presented:
The trial court wasn't right when decided in favor of Appellee based on the age of the child as two years
old, and that she is sick, according to documents submitted, and that her mother is wholly committed to
care for her. But based on submitted documents, under article (113) of law of the personal status of