In the name of Allah, the Merciful
The National High Court
Personal Status Circuit
Cassation Decision No. 494/2015
Issued by the High Court, Personal Status Circuit, - third Session on 25/08/2015 chaired by
Dr. Elobeid Ziainelabideen Babiker, membership of Mr. Eltayeb Abdulghafour
Abdulwahab and Dr. Sittana Abdulgalil Mohamed, Judges of the High Court.
The appeal papers No. 77/AP/2015 – Omdurman Court of Appeal – PSC
And the papers of Case No. 1499/C/2014 – Omdurman North Court- PSC
Where were registered under No. 75/cassation/2016
The Appellant: Ismail Ali Abubaker
The Appellee: Hawa Abdullah Hammad
The Judgment
Case No. /1399/C/2014 was submitted by the Appellant before Omdurman North Court for
Personal Law, requesting to take two Children subject to custody. He gave reasons, claiming
that the appellee was his wife, according to Sharia Law, and that she gave birth to children
from him on the correct marriage bond, who are: Osama, Hassan and Hisham of ages 14, 11,8
respectively. There are under her custody and as they are above the age of being under a
woman’s custody. He also requested to take the children into his own custody. The Defendant
made a reply on the claim and approved their marriage and that the children are theirs, and
that they are above the age of being under a woman’s custody. She stated that she is eligible
of that and gave evidence, but the Court sees that the evidence is not enough to make her
eligible. So, the court issued a decision to let the children be under the custody of the
appellant. The appeal of the Appellee was lodged to Omdurman Court of Appeal with a
memorandum No. AM/77/PA/2015, decision No. 208/2015, which revoked the judgment of
the Trial Court and returned the papers to be acted according to the memorandum. On
29/06/201, Advocates Monastir Mukhtar and Sulafa Noureldin , the advocates of this appeal
against the Court of Appeal decision, submitted an application stating that the Advocate of the
Appellant had been informed about the appealed decision on 16/06/2015. The appeal was
then submitted within time limit of submission; therefore it is acceptable in formality.
Regarding the trial, the Advocate of the Appellee bases his appeal on the following:
1- The Appellee submitted her evidence of being eligible and the evidence failed to
prove that.
2- The witnesses of the Appellee did not prove that she is a full time custodian of the
children.

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