Spousal maintenance appeal
Topic
Appealing the judgment issued in Case No. ..... family ................
It is on the day of / / 2013
At the request of the lady ................................ resident in ........... ..................... - Tamer Adel Mahmoud El-Sharshaby (famously Tamer El-Sharshaby) - Hani Adel Mahmoud El-Sharshaby (known as Hani El-Sharshaby) - Mohamed Ali Hassan - Ibrahim Sayed Nair and his fame (Ibrahim Nair) - Mahmoud Ali Radwan and his fame (Mahmoud Al-Batoury) - Ibrahim Abdel Rahman Taher - Wedian Noman Mostafa - Mohamed Khaled Mahmoud - Mahmoud Abdel-Wahab Abdel-Halim Al-Mahamoun, based at 3A Hob El Din Street - Al Sefarat Neighborhood - Nasr City - Cairo.
I am a court reporter for family affairs that has moved and announced: -
Mr. / ............................... residing in ............... ...................
To be addressed with /
And I announced it as follows
The student filed suit No. ............. for the year ............................... family ...................
By requesting the ruling for her: - First: to oblige the announcer to pay the student monthly various types of matrimonial alimony from the date of filing the lawsuit with obliging him to pay the expenses inclusive of attorney fees.
The lawsuit was adjudicated in the sittings as established in the minutes of its session and in a session the court ruled: -
By obliging the defendant to pay the plaintiff to the plaintiff on a monthly basis from the date of filing the lawsuit, an amount of ................ matrimonial alimony and obligating him to spend and attorney fees
And since this judgment was correct, it came tainted with a failure to cause the failure to match the imposed amount with the ability and left of the declared to him, so the student appeals it for the following reasons: -
First: - The legal basis in terms of accepting the appeal in form
Article 227 of the Procedure Code states that:
"The deadline for appeal is forty days, unless the law stipulates otherwise."
Whereas this was and it was proven that Law 1 of 2000 subjected appeals to judgments issued in personal status to the law of pleadings, and then the date for appealing the appealed judgment is forty days from the date of its issuance, and therefore the present appeal is filed on time and then it is formally acceptable.
Second: - In terms of the subject
Lack of causation and corruption in inference
Article 16/1 of Decree-Law No. 25 of 1929 amended by Law No. 100 of 1929
1985 that: -
“The wife’s alimony is estimated according to the husband’s condition at the time of her maturity. Easily or hard.” It is legally prescribed that the wife’s alimony is obligatory for her husband from the time of the correct contract if she submits herself to him, and if judged by the wealthy or poor, and it is due from the date he abstained from spending on her and Estimated as far as his left
And it does not extinguish except by performance or relief and includes food, clothing, housing, medical expenses, and other things that are prescribed by Sharia. Alimony did not know a comprehensive definition, but rather the text was released, and he included in the alimony all that is required by the Sharia and from the established jurisprudence and the judgment that the lesson in estimating the wife’s alimony in the husband’s condition is easy or difficult. . . In addition to the husband's condition, the cost of spending is also taken into account, the price situation, whether high or low. Because alimony is a price to buy the needs that the wife needs. These needs differ in price according to the difference in prices. Therefore, failure to take into account the price situation at the time the alimony is due, results in harm to one of the spouses. . . When assessing the husband's left, the amount of real estate, movable, cash, securities and so on he owns. And what this money brings in of income. As well as what he receives in terms of salaries, wages, or income from a profession, trade or trade (the reference is the author of the Encyclopedia of Jurisprudence and Judiciary in Personal Status of the Chancellor / Muhammad Azmi Al-Bakri, p. 450)
This is in agreement with the Almighty’s saying, “To spend every one of his capacity” (author of the Encyclopedia of Jurisprudence and Judiciary in Personal Status by the Chancellor / Muhammad Azmi Al-Bakri, Part Two, Fifth Edition 1996, p. 863 and beyond)
If that was, and it was proven that the advertiser to him was of a great degree of immense wealth, since he works in a very respectable position in the Ministry of Social Affairs and receives a monthly salary from the Ministry about ................., before increasing ............ He also owns balances in banks and also owns (writing the property of the respondent against him) that has been proven to the court of first degree through the documents submitted by the plaintiff, so his monthly income is estimated at ten ...... .............. And then it is proved that the amount imposed from the alimony does not match the capacity and left of the advertiser. The matter with which the ruling must be amended to amend the appealed judgment by increasing the amount imposed on the alimony in proportion to the ability and left of the advertiser.
Accordingly
I, the aforementioned reporter, have moved and announced the advertiser to him in this newspaper and assigned him to appear before the High Court of Appeal, Family 0 ..............., located in the Courts Complex ........... .............. And that is in its session, which will be held in public, starting from nine o'clock in the morning on the day corresponding to / / / 2013 in front of the circuit () to appeal to the high gardens to hear the ruling on the following: -
First: By accepting the appeal in form.
Second: By amending the appealed judgment by increasing the amount imposed on the alimony in proportion to the ability and left of the person who was declared to him.
In all cases, the advertiser shall be obligated to pay the expenses including the attorney fees. With the preservation of all the rights of the appellant of any kind
