י"ז אלול התשפ"ד
20.09.2024

Refused to accept a divorce 15 years - and will pay 250 thousand shekels

A woman who refused to get a divorce for 15 years due to various claims concerning payments for ketuba and food, charged to pay compensation of 250 thousand shekels to the husband • Judge: "wrong and disproportionate use"

Refused to accept a divorce 15 years - and will pay 250 thousand shekels

Family Court in Ramat Gan recently ordered a woman to pay her husband 250 thousand shekels for refusing to accept a divorce for 15 years. The woman claimed that it is not divorce refusal, but standing for her legitimate rights to the Commissioner, because her husband did not pay her the amount specified in the ketubah and did not pay child support. Judge Tova Sivan rejected the woman's claim. "Using 'weapons' that is in her possession - preventing divorce is wrong, is not appropriate and certainly not proportionate in the circumstances," the judge wrote in the ruling.

Judgment indicates that the couple was married in 1993, and three years later the husband filed for divorce. The couple lived together for another two years, and then separated. In 2006, the Regional Beis Din of Jerusalem ruled that the woman must accept the divorce. Appeal filed by the woman was declined, but she refused to accept the divorce and therefore restraining orders were imposed and child support ruling was canceled.

The two continued to conduct discussions in the rabbinical court, but the case continued, in part due to the non stabilization of the woman in several discussions. In 2010, the Rabbinical Court forced the woman to divorce her husband, and imposed different restraining orders, including ban from leaving the country, a ban on opening a bank account and a prohibition on the possession of a driving license. The woman subsequently petitioned to the High Court which rejected the claims, stating that she is dragging her feet to not get a divorce.

The husband also petitioned to the Family Court, claiming that the woman caused him great damage, false complaints filed against him at the police and didn’t obey visitation arrangements established. According to him, he remained at anchor for 15 years, could not establish a normative family and his relations with his children were injured. Woman's response was that this is a frivolous lawsuit, and that the husband is not willing to pay the woman her ketuba and child support, and what she deserves from the rights gained from his job. She added that she no choice but to agree to a divorce, but her husband owes her half a million shekels.

Judge Tova Sivan ruled that a woman only has a right to demand the rights of the husband at work for three years, so the amount is not high. She further determined that the husband paid child support until they were discontinued due to behavior of the women. She made it clear that if the woman is interested in continuing her demands against the husband, she can do that after the divorce.

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