matrimonial dwelling for more than one month, and that they are have been married for ten years
during which he did not go to the doctor due to the conditions of his work. He also acknowledged
that he was drinking beers but he has left it now, and requested the refusal of the lawsuit.
In her comment on the reply to the lawsuit, the plaintiff insisted on her lawsuit. Then, the court
requested her to prove her lawsuit and that the defendant used to drink beers and invite his friends
to the matrimonial dwelling. She brought two witnesses, and the court heard their statements.
On 25/06/2014, the Summary Court of First Instance rendered a ruling in favor of the plaintiff
against the defendant to be divorced from him by virtue of one irrevocable divorce effective from
25/06/2014 and order her to count her waiting period as lawfully specified.
The defendant was not satisfied with such judgment and then he appealed thereto by the appeal
number AOU/134/2014 before Northern Court of Appeals dated 17/09/2014. The Court of
Appeal rendered the revocation of the ruling issued by the summary court, and the referral of the
papers thereto to follow its memorandum according to the opinion of the majority in the Circuit.
This plaintiff was not satisfied with this judgment, and then she filed the current appeal number
793/Cassation/2014 by virtue of a statement of claim represented through her advocate on
04/11/2014, at the end of which she requested the announcement of the invalidity of the judgment
of the Northern Court of Appeals, revocation thereof and re-adoption of the judgment of the
summary court as it was in consistency with the proper law.
Whereas the file contains the acknowledgment of the appellant of his knowledge of the appealed
ruling dated 23/10/2014, the appeal shall be deemed as submitted within the specified time after
the fulfillment of all its legal requirements that justify the acceptance thereof prima facie. Then, it
is accepted in the form.
Whereas the court deemed that the statement of appeal raises points that require reply and
discussion, then it rendered its preliminary order with regard to the announcement of the appellee
of a copy of the statement of appeal to reply thereto. The petition was announced and the
defendant's advocate (appellee) deposited his reply to the memorandum ending up with the
affirmation of the judgment of the Dongola Court of Appeal, or the issuance of the proper order
to achieve justice as it deems proper to the court.
With regards to the subject and having perused all papers, it is evident that the plaintiff alleged
that, since the inception of the lawsuit and upon the submission of her petition dated 01/06/2014,
her husband drinks beer and invites foreign friends to their matrimonial dwelling. In addition, she
asked him to refrain from drinking beer with his bad friends, but he refused and continues
drinking to date. A Conciliation Committee and Board was formed from their families to settle
such dispute, but the endeavors of the Committee failed, and she concluded her petition with a
claim for divorce for damage. She also added that the defendant insults her sometimes, and they
do not have children to date. According to this petition, a lawsuit of divorce for damage was
registered. In explaining the lawsuit by the plaintiff before the court, she noted the reasons of her
request for divorce which include his failure to escort her to the doctor, drinking beer at home
and bringing his friends to drink with them. She noted that she suffered for ten years and she does
not have children, and he did not escort her to the doctor whether in Karima or in Khartoum.