Saturday 12/April/2025 – 10:25 PM
The Supreme Constitutional Court, headed by Counselor Paul Fahmy Iskandar, and membership of Advisors Rajab Abdel Hakim Salim Ghoneim, d. Muhammad Imad Al -Najjar, Dr. Abdel Aziz Muhammad Salman, Khaled Ahmed Raafat Desouki, Dr. Fatima Muhammad Ahmed Al -Razzaz, and Muhammad Ayman Saad Eddin Abbas, in the presence of the counselor, Dr. Imad Tariq Al -Bishri, Chairman of the Commissioners ’Commission, and Secretary of the Secretary Abdul Rahman Hamdi Mahmoud, its ruling in the case No. 31 of 39 judicial dispute, at the session of March 8, 2025, corresponding to 8 Ramadan 1446 AH, to resolve the controversy in the continuation of the incubator After the end of the legal age.
Supreme Constitutional: There is no right to incubator in the custody residence after the end
Earlier, Yahya A. or. A, a lawsuit before the Port Said Port Family Court, a jurisdiction of the soul, carried No. 1063 of 2015, against his divorcee and a medal. M. D, asking her to hand over the nursery housing, after his children reach the maximum mandatory nursery.
Although the Court of First Instance ruled in his favor, the Court of Appeal canceled the ruling at the August 13, 2017 session, which prompted the plaintiff to resort to the Supreme Constitutional Court, requesting the suspension of the implementation of the appeal ruling and the continuation of the implementation of the two constitutional rulings No. 7 of the age of 8, and 119 of the 21 judicial year.
The court affirmed that the legal commitment to the absolute to provide an incubation housing is only throughout the mandatory nursery period only, which is legally specified for ten years for the boy, and twelve years for the girl, according to the text of the first paragraph of Article 20 of Law No. 25 of 1929.
She added that the continuation of the incubator in the residence after this age is not a legal right, but rather it is merely the survival of the small under the sponsorship of a letter, and the incubator does not give the right to adhere to the custody house.
The position of the court on the previous rulings:
The court reviewed the two rulings issued on May 15, 1993 and December 19, 2004, who established the legal rule that the end of the compulsory age of the nursery shall drop the right of the incubator to occupy the marital residence, stressing that any judicial decision to keep the young with the incubator after this age does not extend the compulsory custody, and does not result in the continuation of the work of the housing.
The court stressed that its rulings have absolute authenticity in accordance with Article 195 of the Constitution, and Article 49 of the Constitutional Court Law, and that all state authorities, including the judiciary, are committed to it.
The court considered that the violation of the Court of Appeal of this constitutional interpretation represents an obstacle to implementing the provisions of the Supreme Constitutional Court, which must be intervened to remove this obstacle.
The court concluded that the appellate ruling issued on August 13, 2017 represents an obstacle to the implementation of its constitutional provisions, and ruled that the incubator may not continue the custody residence after reaching the two young men, as long as the absolute has prepared for them an appropriate residence.
