Can I demand an increase in alimony from my ex-husband?
I am a Muslim woman married to a Muslim man. Eight months ago, the court ruled that I be divorced from my husband and have custody of my two children, but the amount of alimony that the court ruled is not sufficient for me. I have learned that my ex-husband has a large source of income. I did not know the source of this income during the course of the lawsuit. Is it possible for me to file a new lawsuit to demand an increase in alimony? Please advice.
As a general rule, the case to increase or decrease the alimony should be filed after one year from the date of deciding the alimony unless there are some exceptional circumstances.
Article 64 of the personal status law states:
1. Alimony may be increased or reduced according to the change of circumstances.
2. Apart from exceptional circumstances, the action in increment or reduction of the alimony may not be heard prior to the lapse of one year as of the date of deciding it.
3. The increase or decrease of alimony is computed from the date of claim in court.
So you have the right to file a case to increase the alimony and provide your reasons, taking into consideration that the court will estimate the reasons and decide if they are considered as exceptional in order to accept the case. In assessing the amount of alimony, the court takes into consideration the circumstances of the beneficiary and the economic situation.
The law also states that the mother’s custody is forfeited for one of the reasons listed in Article 152 of the law by a violation of one of the conditions required by the Articles 143 and 144 in the custody in general, which are: the loss of reason, honesty and the ability to raise, maintain and care for the young child, or if the mother suffers from a serious infectious disease, or she is sentenced to a penalty in one of the “crimes of honour”.
Moreover, the right of women to fosterage of a child shall end upon the child reaching the age of 11 years, if a male, and 13 years, if a female, unless the court deems that extending this age to the age of maturity, for the male, and up to her marriage, for the female, is in his or her best interest.
Lease termination
Two months ago, I rented a villa from a real estate office, and I received the lease contract and also paid the first instalment of the rent. However, upon inspecting the villa, it became clear to me that it was unfit to live in, and the power and water were also cut off. I asked the real estate office to cancel the lease and return the rent, but they refused and sought another month’s time to prepare the villa. Do I legally have the right to file a lawsuit to terminate the lease and recover the amount I paid?
You have the right to file a rental lawsuit to terminate the lease and recover the amounts you paid. As per Article 15 of the Law No. 33 of 2008 (Amending Law No. 26 Of 2007), the landlord is bound to hand over the property in good condition, which allows the tenant full use as stated in the tenancy contract.
As per Article 772 of the Civil Transactions Law, the lessor shall warrant the lessee all defects in the leased property that may prevent or considerably reduce the enjoyment thereof, but he does not warrant the defects that are customarily tolerated. If, as a result of such defect, the lessee is deprived of the enjoyment of the leased property, he may ask termination or reduction of the rent, together with the payment of damages for the prejudice sustained by him.
Apart from exceptional circumstances, the action in increment or reduction of the alimony may not be heard prior to the lapse of one year as of the date of deciding it.