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Family Affairs

Divorce lawsuit
All kinds of alimony suit
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khul’ suit
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The decision to enable the marital home

When is the wife entitled to resort to the empowerment decision?
What are the procedures followed until the issuance of the empowerment decision and its implementation?
Is the empowerment decision appealed?
Are there problems or obstacles when resorting to issuing an empowerment decision that disrupt the issuance of the decision and prevent its issuance?
Are there obstacles that stop the implementation of the empowerment decision and prevent its implementation?
What is the fate of children after reaching the age of 15 years? What is their fate in life, is it with the mother or with the father?
All of these questions are raised in the minds of every woman who wants to start making the decision to empower, as they are also questions that all lawyers know well?
The empowerment decision is taken whether during the marital relationship with problems or even after the end of the marital relationship for fear of homelessness or the husband expelling his wife from the marital home, but in the event that the marital relationship exists, the empowerment decision is issued with participation with the husband from the marital home in accordance with the text of Article 44 bis of Procedures Act .
Which states “……………………”
In the case of divorce, the empowerment decision is issued to the divorced woman alone, as she is the custodian of her children, according to the text of Article 18 bis of Law No. 100 of 1925.
Does the husband have the right to appeal the empowerment decision?
The decision issued by the Public Prosecution in the event that empowerment is a partnership, the husband has the right to appeal against it within 15 days, but before the judge of urgent matters.
As for the empowerment decision issued on its own, it may not be appealed before the judge of urgent matters because it is not within his competence, so it is appealed before the civil court or the family court of personal status, according to the need that is being challenged, either he has provided a new home or the whole house is not his.
• The procedures followed from the time of thinking of the move to issue an empowerment decision until implementation?
First thing:-
A record is made that you have your children less than 15 years old – a copy of the card – a copy of the marriage or divorce certificate – a copy of the birth certificate of the children and then go to the department to which the marital home belongs. Family Court or you save it.
In most cases, these records are saved. To avoid memorization, please follow up on the record first, meet the prosecutor, and submit a request explaining the circumstances and circumstances and the absence of a place of residence. At least three months until the prosecution goes to the family, so you need this time.
You submit a request to the family’s attorney general to enable the marital home. This is a smart trick because the family attorney general is given petitions on the request submitted by you and is sent to the prosecution to take the procedures for it. Obtaining an empowering decision.
After that, the family attorney general issues a visa to complete the prosecution by asking the neighbors, asking the applicant, asking the husband and making the required investigations.
When the husband is asked, there are two cases:
• The first case: The husband acknowledges that the home is the marital comfort, and in this case there are no problems, and in this case the decision to empower will be issued naturally.
• The second case: The husband acknowledges and acknowledges before the fulfillment of the family prosecution and that the house is not the marital home. In this case, problems and adventures begin by saying that the apartment is sold to so-and-so and submitting documents to that, or that the apartment is rent from him and that the apartment is not my apartment or that the apartment is rent and not ownership In this case, it is possible to submit fictitious sales contract documents and transfer the electricity, water and gas meter, and the strangest thing is that the owner of the apartment has filed a lawsuit against the husband for expulsion from the marital home.
• What to do in this case, because you will feel that it is difficult to obtain an empowerment decision?
• To overcome all the tricks that the husband does for not issuing an empowerment decision, you must know very well that the empowerment decision is a temporary decision issued by the Public Prosecution and not a permanent decision until the court orders the annulment of the empowerment decision or move you to another residence.
• To avoid these obstacles and obstacles to implementation, to know the expected and unexpected obstacles to implementation, and to know the fate of the children after they reach the age of 15 years. Later ?