In the name of Allah; Most Merciful & Gracious
Supreme Honorable Court
Personal Status Circuit
Decision No. 164/2015
The order is issued by the Supreme Court, Personal Status Circuit on 02/04/2015.
Under presidency of Mr. Al Tayeb Abdul Ghafour Abdul Wahab
Membership of Mrs. Faiza Ibrahim Zain Al Abedeen & Mrs. Nemaat Abdullah Mohammed
Kheer (Judges of the Supreme Court)
The papers of the appeal No. 134/S/2014 Northern Court of Appeals were submitted – Dongola
The papers of the lawsuit No. 75/S/2014 Karima Court were submitted.
Both were registered under number 793/Cassation/2014.
Appellant: Etidaal Hassan Abu Karouq
Appellee: Gaafar Ahmed Al Haj Al Toom, Lawsuit/ Karima, lawsuit No. 75/2014
The facts, to the extent of the necessary damage to settle this appeal, are summarized in that the
plaintiff Etidaal Hassan Abu Karouq has filed a lawsuit against the defendant/ Gaafar Ahmed Al
Haj Al Toom under number 75/S/2014 before Karima Personal Status Court for divorce for
The lawsuit was deliberated before the summary court during the hearings as mentioned in its
minutes, during which the plaintiff presented in person and explained her lawsuit stating that she
is the lawful wife of the defendant and under his bond of marriage and obedience. Further, she
left the matrimonial dwelling one month prior to the date of filing this lawsuit so that he did not
escort her during her visits to the doctor, and the defendant drinks beers in the home with his
friends who come to drink at home. She suffered for ten years as she is married but does not have
children, and he did not go with her to the doctor neither in Karima nor in Khartoum. As a result
of such damage, she requested divorce for damage and added that such damage is not suitable for
her and is not acceptable in the term of Sharia.
During the hearings, the defendant also attended in person and replied to the lawsuit. He
confirmed the bond of marriage, copulation and obedience. He also confirmed that she left the