My claim is proof of nachouz
The legal basis: Article 11 bis of Law No. 25 of 1929, added to Law No. 100 of 1985, stipulates that: If the wife refuses to obey the husband without the right, the wife's alimony shall cease from the date of abstinence, and she shall be considered unjustly abstained if she does not return to the marital home after the husband's invitation to her To return with an announcement by a reporter for her person or whoever acts on her behalf and he must indicate in this announcement the residence, and the wife has an objection to this before the court of first instance within thirty days from the date of this announcement and she must indicate in the objection sheet the legal aspects on which she relies on her abstaining from obeying him And only a ruling not to accept her objection.
The suspension of her alimony from the date of this end of the opposition deadline shall be taken into consideration if she does not present it on time.
The lawsuit documents: the marriage certificate, a notice of obedience, an official copy of the ruling issued against the person announcing it to reject her objection
The Competent Court: The Family Court in whose circuit the plaintiff resides, and we clarify that the locally competent family court to consider the first lawsuit filed to it by one of the spouses has the jurisdiction locally without others to consider all cases that are subsequently filed.
The legal conditions that must be met to accept this lawsuit:
1- That there be a legally valid, legitimate and existing marriage between the two parties.
2- That the wife is out of obedience to her husband, or she abandoned the marital home without a legitimate reason or justification.
3- That the husband directs his wife an obedience notice inviting her to enter into his obedience in the dwelling prepared for her by him.
4- The wife did not object to this warning during the legal period, or she objected, but a ruling rejected her objection by the court with a final ruling.
Important note: The ruling on disobedience has temporary authority by virtue of the elimination of the trigger for its cancellation if the wife expresses her willingness to enter into obedience to her husband, and this has already been done.
It is established in the jurisprudence of the Hanafites and on what has been done by the judiciary of this court that the disobedience that is due to the loss of alimony is taken into account in which the wife leaves her husband’s house by not agreeing to not come to him, whether that was after she left him or she refused to come to him from the beginning after his urgent payment of her dowry and that disobedience is not alimony. She has the right to return to the husband's house because the confinement has missed before her, and if she returns, the retention comes, then alimony is required.
(Appeal No. 228 of 74 Judicial of the Personal Status Department - Session 06/04/2009)