أسئلة وأجوبة
What happens when trying to settle a marital dispute?
Dear Sir/Madam,
I got divorced 2 years ago, and now my ex-wife has registered a "Marital Matters Non-Muslim" lawsuit against me. It is currently in the "friendly settlement" stage at the "Correction and Guidance Department" under the control of a "reformer family counselor."
Question 1: I have heard that there are two types of settlement attempts. The first attempt is made to settle, and if settlement is not reached, no further action is taken. The second attempt is made to settle, and if settlement is not reached, the litigants are given a paper authorizing them to start a lawsuit in the personal status court. Which of these types of settlement attempts does this current lawsuit fall under?
Question 2: Is it possible to claim lack of jurisdiction at this stage?
The matter that my ex-wife has raised is related to a loan that I gave her. Loans are not controlled by personal status law, even if the loan was between spouses.
Dear Questioner,
- Regarding the first question:
If settlement efforts fail, the plaintiff gets a referral paper to court.
He has the right to go ahead and file a case, or to do nothing. The referral paper opens the door for him, and he is free to enter or not to enter. Referral paper is like a boarding pass, you can ride or not ride; you are free.
- Regarding the second question:
At this stage, the "dialogue" is about facts, not about the law. Lack of jurisdiction is a legal matter.
