In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of Personal Status
Cassation Decision /465/2015

Issued by the Department of Personal Status on 11/8/2015 under the Chairmanship of
Honourable Judge/ Al Bushra Othman Salih and the membership of the honourable Judges: Mr.
Othman Al Sideeq Ahmed Tai Allah and Mrs. Sitanah Abdul Jaleel Mohammed Judges of the
Supreme Court.
The appeal documents number: 174/S/2014 were filed with the Appeal Court of Dungllah DASH
– the Northern State along with the claim documents number 44/G/2013 Court of Abri DASH
registered under 134/Cassation/2015.
Applicant: Fatimah Abdul Ghafour Ibrahim
Respondent: Ali Amin Ahmed
The Decision:
The Facts:
The Appeal Court of the Northern State issued the judgment number AS SH/174/2014 on which
it revoked the judgment of the Court of the First Instance and to return the case’s documents for
procedures, whereas, the court of the first degree, judge of the second degree rules to divorce and
separate the applicant for martial dispute, and the general court second the judgment and rules to
reject the application. On 22/1/2015 the applicant filed a cassation against the above-mentioned
judgment of the appeal court and thus received a copy of the judgment in question on 14/1/2014
– therefore, the application is accepted in form and we have previously accepted it under articles
159-190 of the Procedural Acts for the year 1983. The justification of the appeal stated that the
appeal court had erred in its judgment of the presented evidence (Report of the two judges)
which was presented to the court of the first instance in three consecutive occasions, and the
mentioned reports contains failure in reaching a compromise between the married couple and in
evidence when the two arbitrators met, the groom requested – the respondent – requested to be
compensated for the amounts of money he lost in the marriage, and also his other behavior such
as alluding to be present at the sessions for conciliation or divorce in addition to the physical
beating which is the call for the abuse claim, all of which has been noted down in the presented
reports to the court. And it went on to say that the whole town of Ibri are witnesses to the
arbitration and conciliation sessions from the mayor of the town to the last member until a
conciliation is reached. Therefore, the applicant requests the rejection of the judgment of the
appeal court and to retain the judgment of the court of the first instance which states to divorce
the applicant for marital abuse as of 10/7/2014.
The respondent responded through his lawyer Mr. Abu Baker Abdullah Hassen that the abuse
had not been established regardless of which the abuse continued between the couple and the

Select target paragraph3