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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Hi Attorney! Good afternoon! My husband was...
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
If the wife wants to divorce, here is an explanation of the reasons for you as follows:
Article 129
The wife, before or after consummation of marriage, shall have the right to request separation on the ground of detriment which makes marital life impossible to continue for her. The Judge shall attempt to reconcile between the spouses.
If reconciliation cannot be achieved and detriment is proved, separation shall be decreed. Detriment may be proved by Evidence including hearsay testimony.
Article 130
If detriment is not proved and breaches between the spouses continue while reconciliation by the Judge cannot be achieved, the Judge shall appoint two arbitrators from their respective relatives who are likely to have the ability to reconcile between the couple; if there are no such arbitrators from their relatives, then an appointment shall be from outside their families. The Judge shall decide the duration of the arbitration.
Article 131
The arbitrators shall seek the causes of marital breaches and attempt to reconcile the couple.
The arbitrators shall make a report to the Judge of their attempts and state to what extent each of the spouses has contributed to the breaches together with their opinion.
Article 132
The Judge may adopt the report of the two arbitrators if it complies with the provisions of the preceding Article, otherwise, he shall appoint other arbitrators by a substantiated decision to start reconciliation afresh, or add a third arbitrator to join the existing two arbitrators.
Article 133
The Judge may decree separation based on the two arbitrators' report in cases where reconciliation cannot be achieved and breaches continue between the spouses. If the two arbitrators do not make their report and differences between the spouses are intensifying, he shall decree their separation.
Article 134
If the Judge is of the opinion that the separation of the spouses should be decreed and that the wife is largely or wholly to blame, he shall separate between them with property to be given by the wife as determined by the Judge after perusal of the two arbitrators' report. If the husband is largely or wholly to blame, or both are to blame or blame cannot be established, he shall separate between them without property to be given by one to the other.
Article 135
If the spouses agree to separate with consideration but differ over the amount of such consideration, the Judge shall attempt to reconcile such difference. If the Judge cannot achieve reconciliation and the difference becomes intensified, he shall decree their separation upon consideration to be determined by him.
Article 136
If a wife requests separation before consummation of marriage and offers her dowry and all property received and waives her financial rights, and the husband refuses to divorce her upon a reasonable justification, the Judge shall attempt to reconcile between them. If the Judge cannot achieve such reconciliation and the difference becomes intensified, he shall decree their separation upon the property offered by the wife.
*** So you can go to the court and file a lawsuit against the husband and request a divorce from the husband
We recommend the assistance of a lawyer who will undertake the procedures for filing the case because he is aware of the legal procedures.
الرد من العميل
Thank you attorney! How about his threats of committing suicide (sending me ropes and himself on the chair) just to get an information from me? Abusing me mentally, what case can I file against him? And to the lady who is proud posting on fb and created an fb account of my husband with his picture and without his knowledge, what grounds do I have against her?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Then a protection order will be issued against him, and the investigation and punishment of your violence will be initiated, as the Domestic Violence Protection Law stipulates that:
Article 3
The concept of domestic violence:
For the purposes of implementing this Decree-Law, Domestic violence means every act, statement, abuse, harm, or threat committed by a family member against another family member, bypassing his guardianship, guardianship, dependency, authority or responsibility, and resulting in physical, psychological, sexual or economic harm or harm.
Article 5:
Types of domestic violence:
The following acts, in accordance with the provisions of this Decree-Law, are considered clandestine violence, subject to the provisions of the legislation in force in the State:
-Physical abuse: It means any assault by any means on the body of the victim, even if it does not leave a trace.
-Psychological harm: It means any act or statement that leads to psychological harm to the victim.
-Sexual abuse: It means any act that constitutes sexual assault or harassment of the victim, or by exploiting him by any means.
-Economic abuse: It means any act that leads to depriving the victim of his right or freedom to dispose of his property with the intent of harming him.
Article 6:
Protection order:
The Public Prosecution may, on its own or at the request of the victim, issue a protection order obligating the aggressor to do the following:
-Not being attacked.
-Not to approach the places designated to protect the victim or any other place mentioned in the protection order.
-Not to damage the personal property of the victim or any of his family members.
-Enabling the victim or his authorized representative to receive his necessary personal belongings.
-Any other procedures that the Public Prosecution deems to be included in the protection order that would provide effective protection for the victim or any of the persons likely to be harmed because of their relationship with him.
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Waleed Al-Helo
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الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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