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Is it permissible to rule to divorce the wife in the event of inability to provide for her?

Is it permissible to rule to divorce the wife in the event of inability to provide for her?

Is it permissible to rule to divorce the wife in the event of inability to provide for her?

2021-06-16/Common Legal Questions

Is it permissible to rule to divorce the wife in the event of inability to provide for her?
Law No. 25 of 1920 promulgating a law on alimony provisions and some personal status issues, in the second part of it, stipulates cases of inability to support the wife.
Article 4 of it stipulates that if the husband refrains from spending on his wife, and if he has apparent money, the judgment shall be executed against him for alimony in his money. If he did not have apparent money and did not say that he was insolvent or solvent, but insisted on not spending, the judge divorced him immediately. If he claims inability, and if he does not prove it, he is divorced immediately, and if he proves it, he will be given a period not exceeding one month.
Article 5 also stipulates that if the husband is absent, a close absence, and if he has apparent money, the judgment shall be executed against him for alimony in his money, and if he does not have apparent money, the judge excuses him by the known methods and sets him a deadline. The judge divorced him after the time had passed.
If he was far from backbiting and not easily accessible, or the place was unknown, or he was missing, and it was proven that he had no money from which the wife could spend, the judge divorced him, and the provisions of this article apply to the prisoner who is in difficulty with alimony.
Article 6 stipulates that a judge’s divorce for non-spending is retroactive, and the husband has the right to review his wife if he proves his debt and prepares to spend during the waiting period. If he does not prove his wealth and does not prepare to spend, the return is not valid.


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