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Court dissolves marriage of septuagenarian woman
Published in The Saudi Gazette on 04 - 07 - 2021


Okaz/Saudi Gazette
JEDDAH — The Civil Status Court in Jeddah ordered the dissolution of the marriage (faskh) of a woman aged over 72 years. The court issued the verdict after admitting her lawsuit for faskh following her husband's neglect and desertion in the marital bed for 15 years, alleging that this caused psychological, social and physical harm to her.
According to the judgment, a copy of which was obtained by Okaz/Saudi Gazette, the court directed the woman to observe iddah (period of waiting) for three months from the date of receiving the judgment earlier this week, and stated that she is only permissible for him by a new marriage contract on the basis of the terms and conditions prescribed in the Islamic law.
The court also ruled that it is not permissible for her to get re-married or propose until the end of her iddah period.
The plaintiff had explained before the court that she was the victim of discord, hypocrisy and hatred from her husband despite giving birth to his seven children. "The continuation of her life in such a condition would not help realize the ideal purposes of marriage, as envisaged by the Islamic Shariah, such as affection, mercy, housing and chastity."
The woman told the court that what she had achieved in her family life in terms of discord, alienation and hatred necessitate consideration of allowing her to go free with kindness after he deserted her in marital bed for more than 15 years.
Responding to the pleas in her lawsuit, the husband said that he was happy with his wife and did not want to divorce her, and emphasized that he had provided her with all her requirements to the fullest.
The court referred the two spouses to the reconciliation committee to explore the prospect of any reconciliation. However, the woman insisted on divorce, and stressed in her response to the reconciliation committee that she would not return to her husband's house, whatever may be the circumstances and reasons.
She insisted on her plea for either divorce or dissolution of the marriage, especially since she suffers from several chronic diseases. The court then issued the verdict, dissolving their marriage that lasted for about 45 years.


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