The Lawsuit Filing Location for Women in Matrimonial Matters in accordance with the Legal Pleadings System

In ancient times, women had no value in society, and did not have the right to inherit or any other rights. In fact, she was considered a disgrace to her family, and whoever is given news of the birth of a baby girl would feel sorrow and depressed; as God Almighty said { When one of them is given news of the birth of a baby girl, his face darkens, and he is filled with gloom}.
After the emergence of Islam, the woman was honored, elevated in her status, and given the right to inherit, and her approval became a condition for the marriage contract; these rights were stated by God Almighty in the Quran and in the Sunnah of his Prophet (peace be upon him). The woman was also granted other rights like alimony, children custody… etc.; these rights were applied in the Kingdom of Arabia Saudi Arabia according to Islamic Sharia Law, and it even excluded women from men in matrimonial and children custody matters. As for the woman who is prevented from getting married by her legal guardianship, she has the right to specify the location for filling a lawsuit, because she may face some hardships in moving and bearing the burden of traveling between two countries, according to Paragraph two of Article 39 from the Legal Pleadings System, which stated that (In the matrimonial and children custody matters and when the woman is not allowed to get married by her legal guardianship, she is given the choice to file a lawsuit, whether in her country or in the Defendant’s country. In this case, if the court hears the case in the Plaintiff’s country, Defendant’s country will be replaced by the Plaintiff’s country when responding to her lawsuit. If the lawsuit was filed, the Defendant must be informed to come to the location where the court is held to continue the proceedings. However if the Defendant refused to attend, he will be sentenced in absentia; and if the lawsuit was not filed, then the court will refuse it without needing to call for the Defendant.) This means that the System encouraged cooperation between the courts throughout the Kingdom to provide more speed in finishing the lawsuits filed therein, in case the Defendant or the witnesses reside in different locations, or if the woman resides in one of the governorates or centers, which has no court specialized in these matter, and so the competent court will be the General Court, as Article 32 of the Legal Pleadings System stated that (The General Court of a governorate or center, which has no specialized court, will be competent to review all the lawsuits, cases, final substantiations, and the like within the competence of the specialized court, unless the Supreme Judiciary Council decides otherwise.). It must also have a permanent residence, which means as Article 9 of the Legal Pleadings System stated (the permanent residence in the Legal Pleadings System means the location where the person usually resides …)
God saves our homeland from all evil, harm and calamity, and may he retain the grace of safety and security upon us.

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