Questions & Answers
Questions & Answers
3 available 3 • View allهل يجب انتظار إعلان الزوجة بدعوى الطاعة ورفضها لطلب إسقاط النفقة؟

3
س: السلام عليكم،
تقدمت لقاضي التنفيذ في دعوى تنفيذ الطاعة الزوجية بإمارة أبوظبي بطلب شهادة تفيد رفض الزوجة تنفيذ حكم الطاعة. وكان قرار القاضي كالتالي:
"بعد الاطلاع تقرر الآتي: استعجال مخاطبة الدعم الاجتماعي لإعلان المنفذ لها بالدخول في طاعة زوجها المنفذ له والرجوع لمسكن الزوجية المعد من قبله. وفي حال عدم تنفيذها لما سبق أعلاه، يتم اعتبارها تحت طائلة ممتنعة عن التنفيذ واستعجالهم بإرفاق الإفادة."
هل هذه الإفادة كافية لرفع دعوى إسقاط النفقة أم لا بد من عمل دعوى توجيه أسري لإسقاطها؟
وفي حال أنه لا بد من دعوى توجيه أسري، ما فائدة هذه الافادة؟
وهل إسقاط النفقة يتم عن طريق رفع دعوى ابتدائية أم من خلال قاضي التنفيذ؟


Jan 30, 2021
2302
نفقة الزوجة في حالة رفض دعوى الطلاق للضرر التي قدمتها
3
س: رُفِضت قضية الطلاق للضرر التي رفعتها زوجتي وحُكِم فيها بعدم ثبوت الضرر والحكم النهائي من محكمة النقض بالطاعة.
لم تُنفذ الزوجة الطاعة ورفعت دعوى جديدة للطلاق للشقاق مقدمة نفس المواضيع تمامًا والمستندات المُستخدَمة في قضية الطلاق للضرر.
السؤال الأول:
هل تُرفَض الدعوى لسبق الفصل أم تُحوَّل إلى حكمين؟
السؤال الثاني:
تقدمت إلى قاضي التنفيذ لإصدار شهادة نشوز للزوجة لعدم تنفيذها حكم الطاعة. هل هذه الشهادة تكفي أم لا بد من رفع دعوى نشوز لإسقاط نفقة الزوجة؟
السؤال الثالث:
هل في حالة الحكم بنشوز الزوجة ترجع النفقة الزوجية المُسدَّدة لها من تاريخ إنذار الطاعة أم من وقت الحكم بالطاعة؟

Nov 23, 2020
3408
الزوجة ترفض العودة إلى بيت الزوجية. ما الحل؟


6
س: السلام عليكم،
زوجتي تحمل إقامة غير مصرح لها بالعمل. منذ تقريبًا سنة قدمت على عمل وقُبلت وطلبت مني شهادة لا ممانعة لصاحب العمل وأنا أعطيتها إياها.
بعد ذلك، حصل بيني وبين زوجتي خلافات كثيرة أدت بها مؤخرًا للخروج من المنزل واستئجار شقة وأخذت ابنتي. لم أكن راضٍ طبعًا ولكنني وافقت لها تحسبًا مني أن الأمور سوف تهدأ وتعود للمنزل ونتصالح.
ولكن وبعد شهر وأنا أحاول أن أقنعها أن ترجع لمنزلنا، فإنها تصر على تجديد عقد الشقة المفروشة.
سؤالي: هل يمكنني إلغاء مهنتها أو إقامتها وإجبارها على العودة لبلدنا؟ أم ماذا يمكنني فعله؟



Jun 20, 2022
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