An elderly Saudi woman filed a divorce case against her husband before the Personal Status Court in Jeddah, and demanded a divorce due to his neglect and abandonment of her.
A Saudi woman in her seventies has physical, psychological and social damage
The woman, who is over 72 years old, stated in the divorce suit published by the Saudi newspaper (Okaz), that her husband deserted her in the marital bed for 15 years, which caused her psychological, social and physical harm.
The Personal Status Court ordered that the woman respond, and the marriage was dissolved after 45 years of marriage. The court informed the wife that she had to wait for three months, starting from the date of receiving the judgment at the beginning of the week.
The elderly woman stated that she was not one of the reading, and it was understood that she had a young daughter from her husband Baynunah, who is not permissible for her divorced except with a new contract that meets the conditions and pillars, and that she does not marry or be exposed to a letter until her waiting period ends, and the court ordered marginalization of the marriage contract.
Hypocrisy and hate after 7 children
In her lawsuit before the court, the elderly woman explained the occurrence of discord, hypocrisy and hatred for her husband, from whom she bore seven children, and said that the continuation of her life in this situation is a matter that does not fulfill the purposes of marriage in Sharia, such as affection, mercy, housing and chastity.
The woman confirmed that her family life has reached a stage of discord, repulsion and hatred, which necessitates consideration of dismissing her kindly after he deserted her in bed for more than 15 years.
As for the husband, he replied in the lawsuit that he is happy with his wife and does not want to divorce her, stressing that he has provided her with all her requirements to the fullest.
The husband said that he married her 9 years ago due to circumstances after her health deteriorated, and asked for her advice and the dismissal of the lawsuit.
After the court referred the spouses to the conciliation committee to try to reform the same house, the wife insisted on divorce, and in her response to the conciliation committee, she stressed that she would not return to her husband’s home, whatever the circumstances and reasons.
The woman insisted on her husband’s divorce request or the annulment of the marriage, especially as she suffers from several chronic diseases, and the court concluded a ruling to annul the marriage of the spouses after a married life between them that lasted about 45 years.
The difference between khul’, annulment of marriage, and divorce
In this context, lawyer Rabab Muhammad Al-Moabi explained to the newspaper the difference between divorce cases, annulment of marriage and divorce, as each type has conditions.
Rabab said that divorce is an absolute authority in the hands of the husband, as if the man says to his wife, “You are divorced.” As for the annulment of the marriage contract, it is for the wife to demand the termination of the marital relationship for clear and explicit reasons in her life that affect her marital rights; Such as being subjected to harm, violence, lack of alimony or providing a decent life, and many other things and causes that need evidence before the judiciary
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And (Al-Muabi) continued: (As for divorce cases, it is the wife’s right to ask the judiciary to divorce her, meaning separating her from her husband. or part thereof, as determined by the court).
Rabab Al-Moabi pointed out that the annulment of marriage and divorce is at the discretion of the judiciary, noting that the Ministry of Justice has obligated the courts to the principle of reconciliation in personal status cases to bring the views closer.
Did the divorce take place or not?
The Personal Status Court in Saudi Arabia witnesses several strange cases, one of which is when a Saudi wife filed a divorce case against her husband because of his repetition of the phrase (I have to divorce), noting that she does not know whether she is still owed by him or not, because of that.
According to the Saudi newspaper (Al-Watan), the wife confirmed that she advised her husband not to repeat this word, but to no avail.
The wife indicated that she resorted to her family to try to reach an understanding with him to leave this habit, which she considered bad, and divorce may happen to her as soon as the husband pronounces it, pointing out that she does not know whether the divorce occurred or not, but he refused to listen to them and accused them of interfering with his personal freedom.
The wife had no choice but to go to a law firm to request filing lawsuits for divorce because she had a reason or cause.
The legal aspect has no value
Lawyer Muhammad Al-Zahem confirmed that in such a case, the legal aspect does not enter, pointing out that it is in the case of this wife. It enters the legal aspect, meaning that if a divorce case is filed, the judge returns to the legal aspect in that,
The lawyer explained to the same newspaper that divorce is divided into 3 sections, which is the annulment of the marriage, and it is called divorce by consideration. Divorce is for a reason and is without compensation, and the third is the normal, which is from the husband.
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