In the name of God the most gracious the most merciful National Supreme Court Personal status Circuit Cassation Decision No. 445/2015 Issued by the First Personal Status Circuit of the Supreme Court on 30/07/2015 presided by Salah Al Tigani Al Amin and membership of Abdul Rahim Abd Al Seed and Mohamed Yaseen Shaikh Idris the judges of the Supreme Court. The appeal papers No 232/2014 Khartoum Appeal Court and the case papers No. 36/2013 Khartoum Court were submitted and registered vide No. 117/Cassation/2015. Amir Ibrahim Younis Sarah Hashim Mohamed Saleh Appellant Respondent Judgment Amir Ibrahim Younis filed against Sarah Hashim Mohamed the case No. 36/2013 seeking a judgment in his favor refuting the paternity of the 9 year old child Asir because the child is not his son and no marriage between him and her has taken place. The defendant denied the plaintiff’s claim alleging that she is his wife and the child is his son and that the defendant is a relative of the plaintiff. Early in 2011 he offered her the marriage. He brought a marriage contract and rented a house for her in Abu Adam. On 02/03/2012 she was blessed with the child Asir from him. The plaintiff admitted his paternity of the child. She requested dismissal of the case. When the plaintiff adhered to his claim, the defendant was ordered to provide an evidence. To this end, she brought: 1. Azam Adel Abdullah Abood her brother-in law who testified that the defendant was the plaintiff`s cousin and they were living in the plaintiff`s house in Jabra. They then lived in Ibrahim`s house and I did not go to them in their house. The defendant was the one who told him the same. During the days of her pregnancy both couples came to me saying that they wanted to conclude the marriage contract before the court. He was by accompanied her. I did not know who rented the house in Jabra. I did not attend the naming ceremony of the infant. 2. Abdul Kader Osman Abd Al Rahman Kambal testified that both parties were his relatives who lived with Amir`s family in a single house in Jabra. Then the defendant travelled and came back pregnant. I was with the plaintiff who was a very close friend. We went to receive her at the airport. At night I left them. Some days later, he called me and I went to him in Al Souk Al Arabi. We went together to a house in Abu Adam where I found the defendant alone. I entered and sat with them. Whilst going there he was carrying food supplies. She was pregnant and he told me nothing about his relationship with her. Amir had never told me that he married her. She came from Dubai pregnant. I neither attended the marriage nor the naming ceremony. She named the infant Asir Amir. I know that there a relationship between them but no marriage.

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