Session on January 11, 2004

Appeal   No. 79 for the Year of 2003 / Status

Summary

     The differentiation between the spouses on the ground of harm is when one of the spouses is harmed whether for material reasons such as verbal or physical abuse act or was attributable to other causes of dissension or hatred.

 RULE

     The differentiation on the ground of harm is when one of the spouses hardly stays married, whether due to physical reason that can be inferred from the abuse of the other spouse verbally or physically if it is proved that the harm or abuse was due to other causes of discord between the couple such as dissension or hatred even if the harm or abuse is not demonstrated or proved from the other spouse when the wife is seeking differentiation as long as impossible to resume or continue the relationship between the spouses under these circumstances, considering the dissension in itself an imbalance in the meaning of marriage.