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Divorce law changes set to speed up court cases
By Adnan Al-Shabrawi
Published in The Saudi Gazette on 09 - 04 - 2010

New changes to the laws pertaining to divorce and marriage disputes is in the offing that could reduce the delays in finalizing such cases in the Kingdom's courts – including forcing errant husbands to appear before a judge.
A special committee of the Experts Commission at the Council of Ministers has been tasked with introducing these legislative changes. The amendments are expected to put an end to the current situation where divorce cases can sometimes take years to finalize.
It is thought that a major reason for such delays is the fact that litigants fail to appear in court to ensure speedy settlement. In particularly, fingers have been pointed at husbands who do not turn up and so purposely extend the litigation to months and often years.
The new law will deal specifically with the absence of litigants especially in cases related to alimony, custody and divorce. It will empower the judge to issue an order for the police to force a defendant to appear before the court.
It also empowers the High Court to reopen any case cancelled by other courts. In addition to this, it allows judges to cancel cases if litigants do not appear on a set date and fail to justify their absence.
Dr. Omar Al-Khule, legal adviser at the Human Rights Commission and professor of law at King Abdul Aziz University in Jeddah, said the Shariah approves the principle of issuing verdicts in absentia without forcing litigants to appear in court. He said, however, it should be taken into consideration that most matrimonial cases cannot be resolved in absentia because these cases require the appearance of husbands. This is because their testimony is often vital for issuing fair verdicts.


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