which is the current rent for the house leased from her father at Al Thaora
(15).
- THE defendant replied and admitted the previous marriage, that he is the
father of the daughter, who is under the custody of the plaintiff’s father,
who resides in Al Thaora (15) and that the plaintiff lives in the Northern
Reef, therefore, he requests that the case should be canceled.
- The plaintiff insisted on her case and stated that she resides with the child
in Al Thaora (15).
- The plaintiff was asked to bring the evidence and she brought two
witnesses, who testified that she resides in Al Thaora (15) under rent and
they have given the reasonable assessment for the house rent.
- The Trial Court ((Court of Third Instance)) issued its judgment in the
presence of the parties, on 21/01/2015 deciding a house rent equal to SP
(300) monthly.
- Each party has submitted a separate appeal before the Public Court under
No.: #/35/2015 and No.:#/46/2015. The Court issued its judgment to
uphold the judgment and cancelled the appeal.
- The decision issued by the Public Court has been objected to by the
defendant who submitted his objection before the Court of Appeal, which
has issued the above-mentioned judgment. The reasons for the objection
was that, the judgment issued in the case No.: 3056/#/2014 was in his favor
and gives him custody over his daughter, that he did not mention this
judgment because he does not have knowledge on laws, whereupon, the
first and last Courts have proceeded to cancel both appeals, therefore, he
requests that, the file should be resent to the judge to proceed on the case
according to the updates revealed.
- After perusing the judgment issued by the Trial Court, the decision issued by
the Court of Appeal and the objection petition, we find that, the appellant
builds his claim on the ground that he has obtained a judgment that gives him
custody over his daughter and that he did not mention this fact before the
lower courts, therefore, he has no right to raise it in his objection. From the
other side, if he has obtained such judgment, he shall have a right to submit a
case to drop the alimony if he wants. Accordingly; I believe, the objection shall