CASSATION

Steps that a petitioner of cassation must take and know when filing a cassation:

1. Filing a cassation petition written or orally to the religious court making judgment at the first instance within 14 days after the judgment of High Religious Court’s judgments has been notified to the petitioner:

2. Paying the cassation fees.

3. The registrar of the religious court notifies the petitionee within 7 days after the petition is registered.

4. The petitioner must file a Notice of Cassation (Cassation Memory) within 14 days after officially filing the cassation.

5. The registrar of the religious court notifies the petitionee of the Notice of Cassation (Cassation Memory) within 30 days after receiving the Notice of Cassation from the petitioner.

6. The respondent may respond the Notice of Cassation to the Supreme Court within 14 days after receiving the Notice of Cassation.

7. The registrar of the religious court submits the dossier of the cassation petition to the Supreme Court within 30 days after the Notice of Cassation and its response have been filed.

8.The registrar of the Supreme Court submits a copy of the Supreme Court’s judgment to the religious court with the order to notify both parties of the judgment.

9. After the Supreme Court’s judgment has been received by both parties, the registrar of the religious court then:

a. For a divorce case filed by a husband:

1) Informs the day and date of witnessing session of divorce decree and summons both parties (petitioner and petitionee).

2) Provides certificates of divorce as official proof of divorce within 7 days at most.

b. For a divorce case filed by a wife:

• Provides certificates of divorce as official proof of divorce within 7 days at most.

CASSATION CASE FINALIZING PROCESS

1.The dossier of cassation case is examined by the Supreme Court and listed and registered with a particular number.

2. The Supreme Court notifies both parties that the cassation case has been registered.

3. The Chief Justice of the Supreme Court decides a team whose chief will appoint a panel of justices examining the case.

4. Coordinator assistant hand over the dossier of the case to the substitute registrar of the case.

5. The substitute registrar distributes the dossier of the case to the justices of the panel for opinions.

6. The panel of justices decides the case.

7. The Supreme Court submits a copy of the decision/judgment to both parties through the religious court.

Source : www.badilag.net/english