According to the husband, his wife has left him waiting for she refuses to accept a ‘get’ for 15 years. According to the wife, she will be happy to give the ‘get’ as soon as he pays the amount stipulated in the kesuva. She insists he is the cause of the problem, not him.

The Ramat Gan Family Court ruled on Sunday 22 Tammuz 5773 that a woman must pay her husband 250,000 NIS for her refusal to accept a ‘get’ bill of divorce over the past 15 years. The woman rejects the allegations, insisting in order to divorce her, her husband must pay the sum stipulated in their kesuva. She told the court her husband also failed to make child support payments.

Justice Tovah Sivan rejected the woman’s statement, accusing her of “using the weapon available to her – preventing the ‘get’” is unacceptable and for certain does not assist matters.

The couple was married in 1993 and three years later the husband filed for divorce. They continued living together until two years ago. In 2006 the Jerusalem District Rabbinical Court ruled the woman must accept the ‘get’. She filed an appeal which was rejected and continues to refuse the ‘get’. As a result, sanctions were meted out against her in 2010; including a ruling that the husband may cease making support payments, she may not leave the country, may not maintain a bank account, and may not have a drivers license. She took her case to the High Court of Justice. The court refused to hear the case because the court feels the woman has not been acting in good faith.

The husband turned to the family court claiming his wife has caused him significant damage. He filed a lawsuit against her for what he calls “fabricated complains against him” during the 15-year period. He explained he cannot begin a new life and family as a result of her refusal and her actions have impacted his relationship with their children.

She maintains he simply has to pay what she is entitled to as well as the monthly child support payments. She told the court she will agree to the divorce because now she realizes she has no other alternative but she feels the husband owes her a half million NIS.

Justice Tovah Sivan sees things somewhat differently however, backing up the husband, pointing out the husband was paying to support his children until the beis din ordered otherwise. The court ruled the wife may sue her husband for only the last years, the period since the beis din’s ruling but no more. The court added that if the woman wishes to continue with action against her husband, she may on condition she accepts the ‘get’.

(YWN – Israel Desk, Jerusalem)