In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of Personal Status law
Cassation Decision/511/2015
Issued by the Bench of the Supreme Court of the Second Cycle of the Personal Status
Department, on 1/9/2015 under the Chairmanship of the Honorable Judge Mr. Al Obaid Zain Al
Abdeen Babiker and Dr. Sittana Abdul Jaleel Mohammed and the membership of the Honorable
Judge Mr. Mustafa Alhadi Salih.
The appeal papers number /47/S/2015 are filed with the Appeal Court of Northern State of Darfur
– Al Fashir – D – A – SH. along with claim documents number /78/Ghaf/2015 with Al Fashir’s
Court
Under number /377/Cassation/2015.
Appellant: Abkar Yahyia Ismail
Respondent: Kalthoum Othman Haroun
The Facts
Claim number 78/Ghaf/2015 was brought forward by the respondent in front of the Personal
Status Department at Al Fashir’s Court requesting to be separated from her husband for reasons of
abuse and ill treatment, the respondent stated in her claim that she is the lawful wife for the
appellant and is still under his name and status and that two years ago, the appellant had hand
beaten her on her neck and hand slapped to her right cheek of her face on the streets of Bringiya
neighborhood, around 8:30 PM and that he (the Appellant) had accused her of deliberately
aborting her pregnancy although the respondent was never pregnant in the first place, and since
this treatment was not accepted by her and deems her marriage life to be impossible and was not
permissible by the Sharia’ laws, for all of the above, she requested to be divorced for the physical
and mental and psychological damage she had undergone, the appellant had testified to the
marriage and that his wife is still under his name but denied the beating and the subsequent
accusation and insisted on his refusal to divorce her and requested the case to be rejected.
The respondent requested to acknowledge the beating and requested that the appellant be sworn
and undergo an oath where he admitted to the beating and his claim, where the court decided to
divorce the respondent for the damage and harm she underwent on 10/5/2015 and for an appeal
made by the appellant to the court of the first instance at Al Fashir, and the memorandum number
14/Ghaf S/2015 revoked the court’s decision and returned all documents regarding the case for
review and to follow it’s direction. After returning the documents and the hearing the court issued
a decision on 15/4/2015 to the effect of divorcing the appellant and due to a claim made by the
appellant the court of Al Fashir revoked the decision made by the court of the first instance and
supported the decision made by
The court of the first instance whereas the appellant filed a claim to appeal the decision with the
appeal court of Northern Darfur under number A S SH/47/2015 and rejected the claim.
On 12/7/2015 the appellant filed the following appeal against the decision of the appeal court
where he presented his legal claim where it was accepted in form, as to the subject matter he
based his claim on the followings:
1. That the appeal court did not prove conclusively that the appellant had harmed the
respondent.
2. The evidence that the court of the first instance has based its decision on is nonexistent.

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