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K.S. v. K.P.

FamC (Jer) 19270/03 (2004)

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K.S. v. K.P.

Israel Family Court
FamC (Jer) 19270/03 (2004)

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Facts

K.S. (the wife) filed a tort action against K.P. (the husband) based on his sustained refusal to grant her a writ of divorce despite several orders issued by a rabbinical court directing him to do so. Under Jewish law, which was applied to Jewish marriages by the Israeli rabbinical court, the husband must grant the wife a writ of divorce of his own free will. The wife in this case petitioned the rabbinical court for divorce several times over 12 years, and the couples were referred to rabbis and private arbitrations on a number of occasions. Each rabbinical authority determined that the marriage was not salvageable and that the husband should give his wife a writ of divorce. However, the husband refused to do so every single time. Eventually, the rabbinical court ordered the husband to grant the writ of divorce. When the husband disregarded the rabbinical court’s order, the rabbinical court excommunicated the husband. The wife turned to an Israel family court and filed a tort action against the husband for money damages resulting from his refusal to grant the writ of divorce. The wife asserted claims based on infringement of statutory duties as well as negligence, and she sought damages dating back to two years after she first sought divorce.

Rule of Law

Issue

Holding and Reasoning (HaCohen, J.)

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