In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of Personal Status law
Cassation Decision/477/2015
Issued by the bench of the Supreme Court of the Personal Status Department, on
16/8/2015 under the Chairmanship of Mr. Al-Ubaid Zain Al Abdean Babiker and the
membership of the Honorable judges of the National Supreme Court Ms. Fadia
Ahmed Abdulgadir and Mr. Mustafa Al Hadi Salih.
The appeal documents number 42/S/2015 were filed with the Appeal Court of the
state of Northern Darfur – AlFashir D.A. Sh with claim number 719/Ghaf/2015 Al
Fashir’s Court.
Appellant: Ahmed Ali Abdullah
Respondent: Sumayah Abdul Kareem Adam
Judgment
The claim number 719/Ghaf Sh/2015 was submitted by the appellant to the
Department of Personal Status Law with Al Fashir’s Court, requesting obedience and
mentioned in his defense that the respondent – his wife – is still under his custody and
has paid forward her full dowry and has built her a fully furnished house in a peaceful
neighborhood of Um Haraz north of Kutom among peaceful neighbors (he mentioned
them by name), the mentioned house is made up of a hut and a shed (Verandah) with
a wooden fence, a shower area and kitchen but it does not have a rest room just like
many other houses in this area, and that the wife has walked out of her legal
marriage’s house without any justifiable reason and he had asked for her obedience,
the respondent replied with agreeing to the marriage and the dowry received and
made a counter claim that she did not feel safe and that the appellant had physically
beaten her in several occasions and also claimed that the house was not fit for living
because it lacked proper furniture, the respondent after being faced with the
appellant’s claim and after the former denied the physical abuse, was asked to prove
her claim that the house was not fit for living and to prove that it was not safe but
failed to do so, but asked that the appellant be sworn and under oath he confessed that
had slapped her face and consequently the Court rejected his claim, following that the
appellant filed an appeal with the Appeal Court of Northern Darfur with a
memorandum number /A.S.Sh/43/2015 and the court summarily rejected the appeal
on the face of its fees.
On 25/9/2015 the appellant filed this cassation against the decision of the Appeal
Court and since he was notified of the Court’s decision on 24/9/2015, the appeal was
filed within the legal timeframe whereas it is acceptable in form.
As to the subject, the appellant bases his claim on the followings:

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