In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Cassation Decision No. 148/2016
Issued by the 1st Personal Status Circuit of the Supreme Court on 08/03/2016 presided by
Abdul Rahim Abd Al Seed and membership of Fayza Ibrahim Zain Al Abdin and Rabab
Mohamed Mustafa the judges of the Supreme Court.
The papers of the Appeal No. 335/2015 were submitted by Omdurman Appeal Court and
papers of the case No. 125/Cassation/2015 were submitted by Bahri Court registered under
Appellant: Aisha Fatah Al-Rahman Hamed
Respondent: Maher Ali Doukah
With regard to the case No. 125/2015 before South Omdurman Personal Status Court, the
Court decided to dismiss the request submitted by the plaintiff for issuing a confession of
The plaintiff was dissatisfied with the decision, and so she has appealed it before the Appeal
Court. The latter issued its decision No. 304/2015 cancelling the appeal.
The present appeal in cassation was therefore brought forward before us the charges of
which have been paid on 13/12/2015. Since we failed to find whatsoever acknowledging
the appellant`s notification of the date of the decision the object of the appeal in cassation,
we decided to accept it formally.
The facts conclude that the appellant filed the case under the above number claiming for
fault-based divorce from the defendant because he abused her mother in a manner that is
not fit for her and impermissible from Sharia point of view.
In his reply to the claim the defendant admitted the abuse pleading that it was a response to
her mother`s abuse towards him.
The court decided to hear the evidence over the fact that the harm is not fit for her and
impermissible from Sharia point of view.
The plaintiff requested the court for delivering a confession of judgment by reason of the
defendant`s admission of the abuse.
The Court has therefore rendered its decision as shown herein above.
The contested decision does not fall within the orders which may be challenged as it is
assumed to be a decision not ending the litigation as contained in the decision of the Appeal
Court, and we therefore decide to cancel the appeal in cassation.