Question:
I am a Muslim woman married to a Muslim man. Six (6) months ago, I filed a lawsuit for prejudice against my husband and the custody of my two children. A month ago, the court granted me the divorce and custody.
My ex-husband is currently filing a lawsuit before the Court of Appeal to object to the ruling. My question is: Do I have the legal right, after the issuance of a first-instance court ruling, to marry another man? In the event of marriage, will custody of my children be forfeited? Please advise.
Answer:
According Article 137 of the Personal Status Law (In case of ruling divorce, separation, rescission, nullity of the contract or judicial declaration of death of the disappeared, the waiting period (Idda) starts as of the time the judgment becomes final.)
You do not have the right to marry again as long as the case is still in the court and your ex-husband is still appealing the judgments. In case the appeal court upholds the same ruling of divorce, then you have to wait 30 days to see if your ex-husband will object to the judgement in front of the Cassation Court or not.
In case 30 days passes and he does not file a case in front of the Cassation Court, then you will count your Idda period from the date of the appeal judgement and after the Idda period finishes, you have the right to marry again.
In case he filed a case in front of the Cassation Court, then you have to wait until the court issues its judgement and from that judgement date, you count the Idda period.
According to Article 144 of the law (“the fosterer must, if a woman, Not be married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.”)
The custody will stay with you unless your ex-husband files a case to forfeit it because of your marriage.
Woman’s marriage is a cause to forfeit custody, but if the interest of the children is to stay with their mom despite her re-marriage, then the court will keep the custody with her, taking into consideration that the father as a fosterer, as per the same Article, must also have around him a woman able to be a fosterer.
