عنوان مقاله [English]
نویسنده [English]چکیده [English]
A man because of his wife disobedience requests from the court permission for remarriage. The court considering “the adjudge obedience of his wife was prescript before and she didn’t comeback to her husbands house “permits him to have remarriage. And then husband gets married with another woman fallowing it the first wife requests to get divorce. Damghan public court according clause 12 of modalities there into of exposal (violation of husband in getting another wife) and clause 17 of supporting family law accepts the woman demand for divorce, and authorizes her to divorcee herself. Husband requests appeal for this verdict.
The first branch court of appeal of Semnan province accepts the verdict incipient court. Reclaim husband appeal verdict of Semnan province court. Branch 21 of the Supreme Court by attention to the sanctions of some religious leaders, it is reasoning that is terms of procurator of woman for getting another marriage put by of status of delinquency woman and in the hypothesise that woman doesn't obey the woman isn’t proxy in divorce. And thereupon a quashing the verdict of revision court and case will send to another branch revision court of Semnan province (third branch) for investigating.
This branch by processing of prementioned sanctions in opinion of the Supreme Court do deign of supreme idea. Again the woman requests appeal of the verdict of province revision court. This time again the case will be sent to the same last branch (branch 21 of the Supreme Court) and the Supreme Court branch that now its idea is accepted confirming the verdict.
It is needed to say: in print terms whilst matrimony husband hasn’t accepted and hasn’t signed some of terms while matrimony but clause 12 was one of the signed terms. And it is remembered that the poll of incipient court purely according to whilst matrimony terms didn’t let wife for divorce. Rather in addition it was documented to the matrimony terms according to clause 12 of supporting family laws.