In the name of God, the most gracious the most merciful NATIONAL SUPREME COURT Personal Status Circuit Cassation Decision No. 171/2016 Issued by Supreme Court panel - Personal Status Circuit - 3rd Circuit on 17/03/2016 presided by Mr. Al Tayeb Abdul Ghafoor Abdul Wahab and membership of Dr. Sittana Abdul Galil Mohamed and Ms. Fadya Ahmed Abdul Qader, judges at the Supreme Court. Papers of both Appeal No 168/Appeal/2018 /Omdurman North Appeal Court/PSC/ and No. 212156/Q/2014/Omdurman North Court were submitted under the registration No. 467/Appellate/2015 Appellant: Hamed Youssef Hamed Appellee: Omaima Saber Ahmed JUDGMENT The facts conclude to the extent necessary for the settlement of such appeal that the plaintiff Omayma Saber Ahmed has filed against the defendant Hamid Yousef Hamid the Case No. 2156/Q/2014 before Omdurman North Personal Status Court for fault-based divorce. The hearing of the case has been deliberated before Omdurman North Personal Status Court sessions in the manner shown in the minutes thereof. The plaintiff`s attorney who was present explained that “the plaintiff is a lawful wife of the defendant under his protection and matrimonial authority. She exposed herself to him but found to be defective and infertile lacking the ability to bear children. She fears of missing childbearing at this age, which caused harm to her. We therefore request for her to be irrevocably divorced from him as fault-based divorce since such harm is not fit for her and is impermissible under Sharia law. The sessions also were attended by the defendant`s attorney who replied to the claim ratifying the marriage and the existence of the husband`s protection but denied the harm described in the explanation of the Case in all aspects.” He added that they have evidences ensuring the defendant`s health and soundness. He went on to say that the plaintiff herself was inflicted with polycystic ovary and uterus polyp preventing her from childbearing. He said that the judicial precedent No. 42/Appellate/1984 has established the following rule: ((Infertility is not an affirmative harm for divorce)) as well as the two verses no (49) and (50) of Surah Al Shurah of the Holy Quran.