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The husband did not wait for mediation and filed a lawsuit in the rabbinical court. The High Court backed him

The family court ruled that the mediation between the couple would be extended by 15 days. The husband did not wait for the end of the mediation, and filed a divorce claim with the rabbinical court, which granted his request.

The High Court recently ruled that justice was done to him

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David Rosenthal

Tuesday, 26 January 2021, 12:16

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The High Court of Justice recently rejected a woman's petition, which is in divorce proceedings, and ruled in a new case law that the time limit cannot be stopped in the substantive proceedings (mediation procedure in family disputes before going to court). The man was represented in the proceedings by Adv. Avi Geffen.

According to Adv. Geffen, every decision of the Supreme Court is considered a law, which has the force of law for all intents and purposes, and it binds all the courts below it, and therefore this decision of the High Court has sweeping significance regarding all proceedings in family courts and rabbinical courts in Israel.

By law Hmho"t, disputes between family members, rather than conflict divorce, requires submission of an application to settle a dispute between family members, held a meeting of the essence of her duty to arrive only after getting a meeting, you can submit a claim to the courts in his stead.

According to attorneys' D. Geffen, after 60 days from the submission of the application for the settlement of a dispute between family members, is given to the party submitting for 15 days during which he is allowed to choose, exclusively, his preferred court for conducting the divorce proceedings.

If the party that initiated the substantive proceedings did not choose a court during those 15 days, the other party also has the option of choosing a court that suits him, thus effectively determining where the hearing will take place - in the family court or in the rabbinical court. Is called the 'Race of Powers'.

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Nothing stops the clock in mediation (Photo: ShutterStock)

According to Attorney Geffen, advancement in the race for power is of great tactical importance, because once a lawsuit is filed in one court, the other court is prevented from intervening or discussing the same matters. "Each of the courts, which can be accessed, has advantages and disadvantages, and therefore, many times "The party who precedes the claim to a court that is convenient to him, will thus be able to decide the matter in his favor," Adv. Geffen claims.

In the present case, which reached the High Court as part of an appeal, the woman applied for divorce proceedings against her husband in the Family Court in Haifa. The court sent the couple to a mediation process within the framework of the substance.

After the husband did not appear for two mediation sessions, due to illness, the family court granted the wife's request, extending the substantive proceedings by another 15 days.

However, immediately after the 15-day extension, the husband, through Adv. Geffen, filed a divorce claim, alimony And custody of the Regional Rabbinical Court, despite the fact that the woman was the one who initiated the proceedings, and she was supposedly reserved the right of first refusal to choose the court in which the proceedings will be conducted.

"The number of days will apply from the date of submission of the application for dispute resolution"

The regional rabbinical court, to which the man appealed, ruled that the divorce proceedings would be conducted within its walls.

The woman appealed this decision to the Grand Rabbinical Court, but her petition was denied.

Accordingly, the woman appealed to the High Court, which serves as an appellate court for decisions of the Great Rabbinical Court.

In the petition she filed with the High Court, the woman claimed that her husband's claim was filed in bad faith. According to her, the period of delay in the proceedings set forth in the law should end at the end of the substantive proceedings, and since the family court ruled that the proceedings be extended by another 15 days. the man was forbidden to go to court at the end of this period, but to wait for 15 more days after closing the case essence family court, where the woman may submit their claims to the same venue for you - because it is the one that initiated the request Lmho"t.

a panel of three Supreme court justices Sitting Cbg " The court, which heard the woman's petition, ruled that the petition should be rejected outright, and that none of her arguments justified the intervention of the High Court.

In a precedent-setting decision, Justices Uzi Vogelman, Yosef Elron and Ofer Grosskopf ruled that the proceedings should be extended by Beit Family Court in 15 days does not affect the number of days. number of days among always of applying conflict resolution, and is not related to the conducting of a meeting of the essence or a ruling request a dispute settlement.

the judges said their ruling that the law determines number of days for the calculation period The delay in the proceedings will begin from the date of submission of the request for dispute resolution. "Our eyes see that in the absence of another ruling by the court

, The number of days from the date of submission of the application for dispute resolution will begin.

The language of the law does not refer for the purpose of calculating the period of delay in the proceedings to the date of the existence of the substantive meeting or to the date of the ruling in the dispute resolution procedure as alleged by the petitioner. "

Adv. Avi Geffen (Photo: PR, Baruch Ben Yitzhak)

The judges also referred to the section in the law, which gives the party who submitted the request for dispute resolution the right of first refusal to submit the claim to the court of his choice within 15 days, and ruled that he does not mention the schedules according to the dates on which the petitioner seeks suspension. "Looking at the matter, we did not find that the tribunal deviated from a provision of law directed at it," the judges ruled.

In addition, the judges mentioned in their ruling that "the rule is that this court does not sit as an appellate court on the decisions of rabbinical courts, and its intervention in them is limited to extreme cases of violation of authority, violation of the principles of natural justice, deviation from religious law or when justice is required. "We have not seen that the petitioner's claims are there to justify our intervention.

The precedent ruling was given in the Supreme Court. The decision is permitted in publication without disclosing the details of the parties.

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