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The rights of the widow over the husband’s family.. Can she file a case for alimony against the guardian?

Amman Today

publish date 1970-01-01 03:00:00

Guardianship or what is legally known as the educational or financial guardianship that may devolve to the children’s grandfather immediately after the death of the husband may be an obstacle in the lives of the young, especially if this guardianship falls into the hands of those who misuse it, especially if the mother is not sufficiently aware of her rights, and legal solutions to intransigence Children’s guardian.

Legal expert and cassation lawyer Sami Al-Bawadi explained in his interview with “The Seventh Day” that the widow in Egyptian law has the right to the entire back of her dowry, and the entire luggage of marriage movables, as well as the weight of gold recorded in the list of marital movables, or its value at current prices, not at the prices that were when the list was written. .


under guardianship

The widow has the right to the backside and the list

And the legal expert added that the back of the dowry is a deferred debt owed by the husband to his wife, which takes place in the nearest of the two terms, “divorce or the death of one of the spouses.” What was left before it was divided among the heirs, and is not included in the inheritance; For God Almighty says: {After a bequest he made or a debt} [النساء: 11] These things are either a debt owed to his wife or a pure right for her without him, then she inherits her prescribed share in it, and he added that she has all her rights in full from the list of movables and gold.

Who does the widow ask for alimony if she has no money?

The legal expert explained that the widow’s alimony in all its types is found in the widow’s jurisprudence. If she has no money, then her alimony is obligatory on her children, if she has children who can spend on her. So her brothers, then who inherits from her, and three conditions are required for the obligation to spend by the judge’s ruling on the widow and her children: one of them is that they are poor and have no money, and no earning that they can do without spending on others, if they are well-off with money or earning that they can do without, then they do not have alimony, because it is obligatory for a way Consolation, and the well-to-do is dispensed with consolation, but if they have money that is not sufficient for their maintenance, then those of their relatives who are obliged to spend on them must complete the obligatory alimony, so the alimony must be complete if the one on whom the supporter has nothing, or complete it if he does not own some.

Series under guardianship
Series under guardianship

Does the widow monitor the actions of the guardian over the estate of her minor children?

The legal expert indicated that the widow, whose children’s money is under the guardianship of their grandfather or one of their clans, has the full right to preserve the money of her children after their father and grandfather. In this context, if she sees any negligence or manipulation in managing her children’s money, she must submit a report to the prosecuting office, and request the assignment of an expert. To evaluate the actions of the guardian in managing the estate of minors, through which to search for everything that was spent by the guardian on her children and how he spent their money, which is supposed to be the trustee of their interests, in the event that she is proven by evidence of any manipulation or injustice on the money of minors. before the guardian.

Who can the widow claim the maintenance of her children?

He emphasized that the widow’s claim for alimony for her children is called in the law alimony for relatives, and is subject to the provisions of Article 3 of Law 1 of 2000 in accordance with the personal status laws to the extent that suffices the necessary need for the living of the alimony applicant, and among its conditions is that the alimony applicant be insolvent even if he is able to earn, and that he be The claimant for alimony is well-to-do, and it includes food, clothing, and housing, as well as an allowance for bedding and cover. The obligation to spend on a relative is conditional on three conditions, the first of which is poverty, his poverty and his need, so it is not obligatory to spend on someone who finds his alimony, and the inability to earn, and the richness of the spender. Spending after himself and his wife

The grandfather’s claim for the maintenance of his grandchildren from his deceased son is called the alimony of the grandparents, and it is one of the most prominent expenses branching from the alimony of relatives, as the son’s widow has the right to file a lawsuit in which she demands that the grandfather or grandmother spend on her young children if they refuse and ease their financial condition, and that is through legal procedures to obtain alimony that a student submits Alimony to the Office for the Settlement of Family Disputes to work out a settlement before filing a lawsuit, requesting a permit to investigate the net monthly income of the defendant to determine the alimony due and the extent of his capacity and financial condition, and the alimony of relatives is due from the date of the ruling, and the issued ruling is removed in the executive formula based on Article 65 of Law 1 of the year 2000, and the judgment may be executed by all means of execution, including Nasser Social Bank.

He added that alimony for minor children is originally from their money as long as their father left them money or they had other money that devolved to them through a gift or a will, but if this money was not sufficient for their expenses or they only had a pension or a small subsidy, then the widow is required to pay the necessary alimony For food, clothing and drink, on the grounds that the alimony of relatives is on those who meet its conditions.

Guardianship over children
Guardianship over children

Does the widow have the right to enable the marital home as long as she is not married?

The legal expert confirmed that the right of women’s custody ends when the young man or woman reaches the age of fifteen, and the judge chooses the young man or woman after reaching this age to remain in the hands of custody without a custody fee, until the young man reaches the age of majority and until the young woman marries, as the principle is that with the death of the husband the bond has ended. Marriage and the wife became within the legal waiting period, and she became the custodian of her children legally unless she forfeited her custody for any reason of custody projections.

The right of women’s custody ends when the young man or woman reaches the age of fifteen – and the judge chooses the young man or woman after reaching this age to remain in the hands of the custody without a custody fee, until the young man reaches the age of majority and until the young girl marries, and throughout the period of her custody in the foster home, whoever is the owner, she has it The right to empower him through the usual procedures of empowerment if the grandfather of the minors or one of their uncles opposes or prevents her from her custodial residence, as follows:

– Issuing an administrative report on the incident of eviction from the nursery residence in the police station where the apartment is located.

– Sending the record to the Public Prosecution for disposal.

– Conducting an inspection of the marital home and asking the neighbors whether the complainant’s marriage took place in this place or not.

Conducting investigations from the police station to which the marital residence belongs.

– A decision is issued by the Attorney General to enable the marital home to be shared if the marital relationship is continuous or individually if it is divorced.

– Sending the empowerment decision to the Public Prosecutor of the Family Prosecution Office to send it to the family bailiffs who belong to the marital home to notify the litigants of the empowerment decision.

– Sending the empowerment decision to the Civil Judgment Execution Unit to which the marital domicile belongs, and a power of attorney for implementation is made by the complainant or an agent on behalf of the complainant.

– Setting a date for implementation, and most of the implementation is postponed to conduct a security study on the possibility of implementation or not.

– If the marital apartment is closed, the postponement will take place again.

– Submitting an application to obtain a visa from the execution judge by fraction, and execution is completed with fraction, and a record is drawn up accordingly.

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#rights #widow #husbands #family #file #case #alimony #guardian

Jordan Miscellaneous news

Source : اخبار الاردن

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