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Jul 20, 2017

Interesting Psak: false claims in divorce proceedings

Oftentimes, or at least sometimes, divorces can get pretty nasty. Sometimes, in the heat of the moment, one spouse might use dirty tactics to get an upper hand, such as making false claims against the other that can result in restraining orders.

The beis din in Tel Aviv has issued a psak that would take away her "kesuba money" and her alimony for making a false claim against her husband.

The specific case they were dealing with involved a Real Estate Broker and his wife a Veterinarian, with two children.

Mr Real Estate filed for divorce, and Mrs Veterenarian filed to reject divorce and demand shlom bayit counseling, as a tactical move to get the upper hand, as if she is willing to stay married and work out the issues, when she really was not.

At some point she filed a complaint (probably that he was abusive, but it does not specify what her accusation was) with the police and he was removed from the house for 5 days, which she then had extended by the courts for 90 days.

After some investigation by the police, the case was closed against him due to lack of any evidence. They also discovered that she has previously threatened to make false claims against him. And they discovered that in the past she had demanded a divorce numerous times, so they realized her demand now for shlom bayit counseling was simply a tactical move - to get a better financial settlement in her favor.

With this background, the beis din decided that she should be punished for making false claims against her husband. The punishment is that the divorce must happen and she loses her alimony and her "kesuba". A beis din in Haifa recently also decided similarly that if a false claim is made by any party in divorce proceedings, that party is causing significant damage and will lose out.
source: Haredim10


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2 comments:

  1. Awesome Awesome Awesome. - about time.

    ReplyDelete
  2. It's nice to read about a sane and sensible ruling from a Bet Din in Israel.

    ReplyDelete

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