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 No. 652/cassation/2015. Appellant: Aisha Fatah Al-Rahman Hamed Respondent: Maher Ali Doukah FACTS 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 judgment. 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.

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