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The best evidence of a divorce claim for harm is legally and legally and its types

The best evidence of a divorce claim for harm is legally and legally and its types

The best evidence of a divorce claim for harm is legally and legally and its types

The best evidence of a divorce claim for harm is legally and legally and its types

The best evidence of a divorce claim for harm is legally and legally and its types

In detail the criminal endowment the method for expediting the criminal endowment and the formula for expediting
The best evidence of a divorce claim for harm is legally and legally and its types

* Divorce lawsuit for harm is one of the cases that spread widely in the personal status courts. There is no family affairs court except for its hearings. Many cases of dissolution of the marital relationship for damage were disputed, although the argument for raising divorce cases for harm was different. The divorce of the harm is a right that is legalized by the Islamic law for the wife and also granted the legal street that right She has the right to request the annulment of the marital relationship of the damage as a result of what she deems to be a harm that is above her from her partner, and it is not required that the harm be substantial enough that it is impossible to be moral, accompanied by the ten and the permanence, and my claim to annul the marital relationship of the damage from the lawsuits in which reconciliation is permissible like many other lawsuits Ye Kalkhala, alimony and marital, and the expense of the youth, and confinement for freezing, so the expense requires the settlement of the struggle in the face of the settlement offices before Azaz sued for divorce damage.
For this we will explain to you the divorce of the harm legally and legally, the reasons for the divorce of the harm and the practices of breaking the marital relationship of the damage.
* In order for us to present to you, our article under the supreme title, a clear claim for divorce for damages legally and legally and its types, we answer the following question:

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The best evidence of a divorce claim for harm is legally and legally and its types

Q1- What is the legal basis for divorce for harm or divorce for harm?

The source is that it is not permissible for a wife to request the annulment of the marital relationship from her partner except that it permitted that Islamic law if it harms her from marriage. This is because the Prophet, may God bless him and grant him peace, said, “Whatever woman asked her partner to annul the marital relationship without what harms the forbidden of the smell of heaven.” Here the pain equates to it. Harm.
Therefore, the Islamic Sharia allowed the wife to seek the dissolution of the marital relationship for the harm in the following circumstances:
1- The inability of the consort to perform marital duties such as cohabitation, alimony, and decent, isolated apartment.
2- Peer insulting his wife by insulting and slapping him.
3- Traveling or being away for a period that the wife fears should herself fall into fitna and set the period to not exceed 6 months.
4- Her husband was arrested for a long time.
5- That her husband keep a deficiency, defect, or disease that cannot be cured or that the disease can be transmitted to her.
6- Peer committing acts of debauchery and debauchery, committing major sins, and divulging marital secrets and defaming them.
7- If the wife does not like staying in marriage, here the harm is moral.

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The best evidence of a divorce claim for harm is legally and legally and its types

Q2- What is the legal basis for a divorce lawsuit for damages or divorce for damages?
* Article 6 of Resolution No. 25 of 1929 and amended by Law Hundred of 1985 stipulated: “If the context claims to harm the consort with it in a manner that cannot accompany the continuity of ten among its likes, it may ask the judge to distinguish and the judge may release it as a clear shot if the damage is settled and he is unable to maintain between them If the request is rejected, then the complaint is repeated and the damage is not proven, the judge sends two rulings, and he decides on the face described in Articles 7,8,9,10,11.

* – Article 4 of Constitution 25 of 1920 and amended by Law Hundred of 1985 stipulated that “if the partner refrains from spending on his wife, if he has a clear wealth, then the ruling of alimony will be carried out above him in his wealth. However, he insisted on not spending, the judge divorced him immediately, and if he claimed the opposite, if he did not prove him, he would divorce the above now, and if his period of time proved him no more than a month, then the divorce above would not be spent in the aftermath of that.

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The best evidence of a divorce claim for harm is legally and legally and its types

* – Article 5 of Legislation 25 of 1920 and amended by Law Hundred of 1985 stipulates that “if the consort is absent in the near absence, if he has a clear wealth, then the judgment is applied to him in support of his property. If he does not send what his spouse spends on himself, or is absent to spend on it, the judge divorces over it after the lapse of time. If he was out of absence, it was not easily accessible, or the store was unknown, or he was missing, I jumped out that he has no property to spend from it The presumption, the judge divorced from him, and the provisions of that article apply to the prisoner who is insolvent.
* Article 6 of Constitution 25 of 1920 and amended by Law Hundred of 1985 states: “The divorce of a judge for non-spending takes place retroactively, and the husband may review his wife if he has left his hand and prepared to spend during the waiting period, so if his left is not proven and he is not prepared to spend, then the return will not work.”
* Article 14 of the Constitution 25 of 1920 and amended by Law Hundred of 1985 states: “For the wife of Mahbous, who is decisively above him for a registered penalty for freedom, a period of 3 years or more, to ask the judge, until now a year has passed after his imprisonment, to divorce above him in order to avoid harm, even if it is He has a fortune from which to spend.
* Article 12 of Resolution 25 of 1929 and amended by Law 100 of 1985 stipulated that “if the consort is absent for a year or more without an acceptable excuse, his wife may ask the judge to divorce him consecutively if he is damaged after him, even if he has property that he can spend from it.”
* Article 13 of the organizational order of Law 25 of 1929 and amended by Law Hundred of 1985 states: “If the correspondence can be reached by the absent, the judge shall strike him for a period of time and excuse him that he divorced her. If the time has passed and he did not do and did not show an acceptable excuse, the judge separated them with a clear shot.”
And if the correspondence cannot reach the absentee, the judge will divorce him on top of him without an excuse or a slapping of time .. “

The best evidence of a divorce claim for harm is legally and legally and its types

* Article 9 of Legislation 25 of 1920 and amended by Law Hundred of 1985 stipulated that “the wife may request a distinction between her and her husband, if she finds a persistent defect that cannot be absolved of it, or it can be carried out after a long time, and she can only accompany him with harm, such as madness and leprosy.” And leprosy, whether this deficiency and defect in the husband before the written agreement and did not know about it or signed until now the written agreement and did not accept it, if his marriage is aware of the defect or the deficiency and defect occurred after the written agreement and she accepted it explicitly or meaning after knowing

The best evidence of a divorce claim for harm is legally and legally and its types

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