official document and further to that the plaintiff did not motion a case of fraud or tempering
with the document but rather confirmed everything on its face and therefore, whatever is written
on the contract should be binding. And that any term or condition contrary to the what has
already been written should not be considered based on article 28 of the civil procedure law and
therefore, what the court of the first instance had decided on and supported by the appeal court
stand valid and true in accordance with the law, for the official document is proof to all
concerned parties as long as it was not accused of forgery. Article 41 of the Convalidation.
Showing off is not considered a legal defense until a hearing to its proof or otherwise is called
upon.
And stating that the respondent is the one who called for her divorce does not deprive her of her
right in claiming the remaining sum of the dowry unless she willingly drops her right, which was
not the case in the hearings.
And stating that she did not remain in the marriage household and therefore labeled as a
rebellious wife and does not deserve any rights on the money in question, is not justifiable for
being rebellious if proven does not deprive her to claim the remaining sum of the dowry but
deprives her of her right of alimony.
Therefore, we see that this appeal is hopeless and should be rejected in summary with its fee and
the opinion of my colleagues in the Bench.
(Signature)
Yagoob Mohammed Abdul Rahman
Judge of the Supreme Court
25/3/2015
(Signature)
Mohammed Yassen Al Shaikh
Idress
Judge of the Supreme Court
30/3/2015
(Signature)
Salah Al Tijani Al Ameen
Judge of the Supreme Court
7/4/2015
Final Order:
"The appeal is dismissed summerly”
(Signature)
Yagoob Mohammed Abdul Rahman
Judge of the Supreme Court
Head of the Bench
25/3/2015