Request for Temporary Alimony in Civil Litigation – An Analytical Study

Abstract

Urgent requests are of two types in terms of their submission to the judiciary: urgent requests submitted to the state judiciary "orders on petitions" and urgent requests submitted to the urgent judiciary. As far as the matter relates to temporary alimony, the cassation decision under investigation has settled the type of this request and considered it to be among the orders on petitions "urgent requests submitted to the state judiciary". This decision is subject to consideration. Based on the general provisions regulating the procedures for considering urgent requests submitted to the urgent judiciary, we find that Article (141) of the Civil Procedures Law permits the submission of an urgent request in two ways, either independently to the urgent judiciary or subordinately to the court of subject matter during the course of the case. In both cases, Article (150) of the Civil Procedures Law requires that requests be submitted by a petition in which the opponent is notified at least twenty-four hours before the scheduled session, while the general provisions regulating urgent requests submitted to the state judiciary, we find that Article (151) of the Civil Procedures Law allows anyone who has the right to obtain an order from the court to carry out a specific action to request the competent court to issue this order in the event of urgency by a petition submitted to the competent judge, who is required to accept or reject the request through the state order that he issues, provided that the person against whom the order was issued is notified with a copy thereof in accordance with the provisions of Article (152) of the Civil Procedures Law, meaning that notifying the opponent in urgent requests submitted to the state judiciary requires after the issuance of the orders and not before because it is based on surprising the opponent "which is considered one of the main points of disagreement between the state judiciary and the urgent judiciary". Therefore, we see that the request for temporary maintenance is considered one of the urgent requests that fall within the jurisdiction of the urgent judiciary and the decision issued therein is subject to direct cassation without appeal through a grievance.