In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Personal Status Circuit
Review Decision No. 126/2015
Issued by 2nd Personal Status Circuit of the Supreme Court on 03/08/2015 presided by
Salah Al Tigani Al Amin and membership of Abdul Hameed Mohamed Abdul Hameed, Al
Tayeb Abd Al Ghafoor Abd Al Wahab, Fadya Ahmed Abd Al Kader and Mohamed
Yaseen Al Sheikh Idris, the judges of the Supreme Court.
The papers of the appeal No. 151/2014/Omdurman Appeal Court and papers of the case
No. 1557/2006/Omdurman Court have been submitted and registered vide No.
560/Cassation/2014 - 67/Review/2015.
Appellant: Bashir Mohamed Adam
Respondent: Kamar Saleh Ali
JUDGMENT
The facts relating to the request summary, as show in pursuant to perusal of the subject
matter are in accordance with the provision of the request and other papers, that the
respondent has registered the execution vide no. 71/2007 for enforcing the judgment
entered by the Karari Personal Status Court in respect of Case No. 1557/2006/ seeking
alimony during the waiting period and alimony for her children Yasmin, Amir & Hatim to
cover their food, maintenance, clothes and education.
In the course of the execution proceedings, the debtor (claimant) submitted a request under
Article (235) of Civil Procedures Act for 1983 for forfeiture of alimony of fostered children
Amir & Hatim, on the grounds that Amir was lagging far behind in his education in the
Faculty of Engineering at Sudan University which he joined in 2004, and reached a level at
which his counterparts may make earnings. He has not graduated yet, while Hatim has
already graduated and been awarded a Diploma in Communication Technology from Al
Nilein University.
The claimant requested that both universities are to be addressed for inquiring about the
children`s education status, in which their alimony must be forfeited.
Upon replying to this request, commenting on the answer, addressing both universities and
hearing the evidence provided by claimant, the Executing Court delivered on 13/01/2014, a
judgment accepting debtor’s request and suspending execution of the above children`s
alimony along withordering a calculation to be conducted till 07/04/2014 was decided.
The creditor (respondent) was dissatisfied with such judgment and appealed it under the
appeal No. 151/2014 before Omdurman Appeal Court.

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