In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Cassation Decision No. 239/2016
Issued by the Supreme Court of Second Cycle of the Personal Status Department, on
7/4/2016 under the Chairmanship of the Honorable Mr. Al-Tayeb Abdul Ghafoor
Abdul Wahab and the membership of the Honorable Judges of the Supreme Court
Mrs. Sitanna Abdul Jaleel Mohammed, and Mr. Mustafa Al Hadi Salih.
The appeal documents were filed with the Appeal Court of Northern State – Dungla
under number 136/S/2015 along with the claim documents number 297/Ghaf/2015
with the Court of Dungla filed under number 717/Cassation/2015.
Appellant: Zainab Hassan Ali
Respondent: Muohanad Adel Idriss
The Decision
The Appeal Court of the Northern State, the Personal Status Department issued
Decision number AS SH/136/2014 on which it ruled in favor of the aliment and
rejected the alimony and rejected the decision of the right of beneficial enjoyment and
to return the documents to the Court of the First Instance for further investigation.
This was because the Court of the First Instance has issued the decision in the
presence of all concerned in favor of the Appellant Zainab Hassan Ali Against
Muhanad Adil Idress for a beneficiary Enjoyment of 500 Pounds for 4 months as of
31/12/2014 and aliment of 200 Pounds from the date of the said decision and rejected
the claim regarding the alimony.
On 10/12/2015 Mr. Mohammed Ali Zubair representative of the Appellant has filed a
claim to revoke the mentioned decision, this was while the Appellant was notified of
the Court’s Appealed Decision on 6/2/2015, for this, the appeal was presented within
the specified time-frame dictated by the law, and we accept it in form in accordance
with Article 159-190 of the Civil Procedures Code of 1983, whereas the reasoning of
the appeal stated that the decision of the concerned court was valid but the appeal
court has erred on the face of its reasoning and decision. The claim documents stated
in accordance with Article 136(1) of the Civil procedurals Code for the year 1991 that
stated that the divorced is entitled to a beneficiary enjoyment as stated on the judicial
cassation order 40/2005 on page 3 of the magazine of judicial for the year 2005 and
on later editions of the same, for all this the Appellant requested the revoke the
decision of the appeal court and rule in favor of the decision of the court of the first
instance.
The Respondent has made a counter claim rejecting what has been stated on the
claim’s document and based the rejection on the judicial instance mentioned by the
Appellant and requested to stand by the decision of the court of the first instance and
to reject the counter claim along with its due fees.
The Reasoning
The Court of the First Instance has made the decision of the Appellant for alimony
and ruled in favor of a beneficial enjoyment in accordance of the law and then the

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