Legal advice
a question
A question came from a reader in which he said:
I obtained a divorce ruling due to harm due to abandonment, but the deferred payment was not waived, on the basis of not specifying the rights to be waived in the case during the court sessions, and no other expenses were awarded to the wife.. Is it possible to request the waiver of the delay and expenses? Can a divorced woman claim the deferred dowry and other rights later? Note that there are no children.
the answer :
Legal Advisor Dr. Youssef Al-Sharif:
Desertion is on the part of the husband, but on the part of the wife, it is disobedience because she does not obey the husband. Disobedience is a reason for waiving marital maintenance and housing, but it does not negate other legal rights, such as the pleasure allowance when it is due and the deferred payment. Requests before the court must be specific, clear and explicit, as the court is not permitted to rule. Other than what the opponents request, or more than what they request in the lawsuit. Therefore, if the requests are not specific until the case is reserved for a ruling, the court will not rule on them. If the requests are clear and the court of first instance has not decided on them, then you can appeal. However, if they are not specific, the legal path is to file a new lawsuit because the court The appeal does not bring before her new requests that were not presented to the court of first instance, and as long as the court does not rule to cancel any rights, the divorced woman has the right to demand those rights, but you can request the cancellation of alimony if she demands it, but otherwise it is not dropped.
You can send your inquiries to email: http://[email protected]
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