In the name of Allah, the Merciful
National Supreme Court
Circle of Personal Status
Appeal number 277/2015
Issued by the Supreme Court of the Personal Status Department, first circle, on 12/5/2015 under the
chairmanship of Mr. Salah Al-Tijani Al-Amin and members Mr. Abdul Rahim Abdul Sayed and Mr. AlTaib Abdughafour Abdulwahab: Judges of the Supreme Court.
The record of appeal number 94 / S / 2015 has been presented. Court of Appeal of Bahri and East Nile D.A.SH
and the papers of the case 813 / K / 2014 North Sea Court, registered under number 3 / appeal / 2015
The appellant: Abdelkader Abas Abdelkader
Against
The Appellee: Omeyma Youssef Mohammad
The Judgment
The Appellant appeared before the Northern Bahri Court for personal status before the plaintiff because he
divorced his wife on 18/10/2013 whilst she was pregnant. She gave birth in 29/6/2014 and he did not pay
alimony. He works as an administrative director in a company. He has another wife and two children Abi Warfaa and Hazar, who are 4 and 2 years. She asked for her sentence with a stipend of; 6,000 pounds for each
period, 1,200 ponds for the monthly rent, 1000 pounds for the children’s food and 3000 pounds for their
allowance every four months for processing. She asked to have the second divorce document because he
divorced her the first time by a reactionary divorce in April 2013. She returned home after this divorce. The
appellant was present at the time of explaining the case and asked for time to respond to the case, then was
absent but attended the hearing to deliver the verdict. The court charged the appellant with presenting evidence
and estimating costs. She brought three witnesses to court to estimate the costs and proved the proportions of
the children to the accused, but they do not know their name. At the specific hearing of the judgment, the court
declared that the witnesses had not pronounced on the divorce, and the applicant was asked if she had proof of
divorce and submitted the divorce certificate issued by the book N ° 13 number 436192. On 29/8/2014. The
notary Al-Haj Mohammad Ali Abdullah, the notary of al-Thawra district (55), binds to the general court of
personal status Karri Omdurman, formed the act of divorce. It was an act of the second divorce (retroactive
divorce). The court issued a decision that the appellant was to pay a maintenance allowance of 700 pounds for
food, 500 pounds a month for housing, 300 pounds for clothing for each of them, four times a week, 1,500
pounds for general pensions every month and 2,000 pounds for pleasure for four months from the date of
judgment on 16/11/2014. The North Sea Court upheld the judgment given under judgment no. AS CH /
132/2014 of 31/12/2014 and the Court of Appeal by decision no. AS CH / 94/2015 in 15/2 /2015. Then they
made this appeal by the lawyer Ibrahim Mustafa Hamad, on behalf of the appellant, whose reasons were
summarized as follows:
1- The Court of Appeal did not consider the reasons we mentioned in the appeal and completely ignored them.
They have objective reasons presented by the agreement between the parties and require it to strike the case
under this agreement.
2- We agree with the Court of Appeal that the sentence is close to what was agreed upon, but the appellant paid
the full amount of the costs but the court did not have the opportunity to present his defense.
For these reasons, the lawyer took the decision to set aside the decision of the Court of Appeal and to make a
fair alternative decision.
Since counsel for the appellant was informed of the impugned decision and his fees were paid on 16/3/2015, it
is acceptable to present it within the time specified in section 190 of the 1983 Civil Procedure Act.