A sample of the petition for appeal against the initial alimony decision by the woman
Honorable President of Tehran Court of Appeal
hello
Respectfully, I …… the son of ……., have objected to the document number ………… issued by the branch of the Municipal General Legal Court which was served on me on the date of… To your Excellency:
1- As you mentioned in the contents of the file, I entered into a permanent marriage with the appellant on 11/12/2012, and throughout my married life, I had good morals with her, and I obeyed her both in general and in particular. But unfortunately, despite having the ability and financial ability, they have refused to pay alimony and normal living expenses towards me and have always put me in trouble.
Therefore, in the initial petition, due to his lack of attention to marital rights and obligations, I filed a claim for alimony for my past days from 01/01/2012 until the time of implementation by seeking the opinion of an expert.
2- But unfortunately, my lawsuit was rejected in the honorable court. And in the preliminary ruling, it is only mentioned that I have left my home since February 1402 and I have not obeyed my marital duties, while I have been forced to do this by force and involuntarily. According to this report, the landlord of our common house was investigated and he also admitted that my wife was always unemployed and did not have a suitable job and refused to pay the rent, which is why I was forced to leave our common house from the date of Bahman 1402. I have become Because in fact, I no longer have a common house with my wife that I can submit to her, besides this, I have always been in our common house before this date and I have submitted, unfortunately, the honorable court of first instance did not pay attention to this issue at all.
Now, as you have mentioned, based on Article 1102 of the Civil Code, as soon as the marriage contract is concluded, marital relations between the existing parties and all the rights and obligations of the spouses, including the payment of alimony, which is documented in Article 1106 of the Civil Code, are the responsibility of the spouse, and the payment of alimony is the duty of the spouse, which is this duty. It is caused by a legal order and cannot be revoked.
3- Currently, I am willing to comply, as I have been in the past, but unfortunately, no action has been taken in this regard by the appellant, that is, my wife, and they are not taking any action to preserve our common life.
Therefore, considering the level of support and defenses provided and documented in Articles 1102, 1106, I request Your Excellency to oblige the appellant to pay alimony and legal damages and damages for delay in payment and to issue a proper judgment in this regard.
Thank you and best regards
# Petition
#review
# Alimony
Telegram channel subscription link:
https://t.me/nedayeedalatcom