The woman's strange case from Gjilan: The man is divorced by her without her knowledge, and this is how she learned

Mrs. Gjilan, Selvette Aliji, learned that she was divorced by her husband when she went to extract an extract at the Civil State Office.

Surprised by what he saw in the document, he asked to know how the Court could make a decision on divorce without ever calling him to trial and not announcing the procedure.

On October 22nd 2014, Selveta's former husband, Sadadin Shehu, has filed a lawsuit at the Constitutional Court for Marriage Solutions, arguing that “married reports of intertrials have deteriorated and irreverently upset”.

After 15 days, her former husband had proposed a lawyer to represent Selveten, because according to him, she did not know her residence and address. Pristina's foundation court accepted the representative for Selvetta, whom her husband had proposed.

Express has talked to Selvette Alija, who confirmed that the Court and no one had informed him of the beginning of this divorce procedure. She even said that at the time when her former husband had filed charges, she had talked to him from time to time. But the same one had never told him about the suit he had filed.

I've been talking to him at the time he started procedure on me, then I heard about it, because I saw that decision was made on this case, but he never informed me of this procedure”, Ali said.

On October 15, 2015, the Court issued a court sentence that settled the marriage of Selvette and her former husband, Sadadini. This act of judgment became all - powerful on January 6, 2016, since neither party in the procedure had complained to this act of prejudice.

On March 11, 2016, Selvetta had gone to the Civil Status Office to extract an extract and has learned from there that her marital situation had changed and that “in the central registry of civil status is identified as divorced”.

On March 18, 2016, Selvetta had gone to the Office of the Civil Status Central Register in Pristina, where she had also received the act of judgment pronounced by the Pristina Foundation Court.

The complaint about this act, she sent to the Court of Appeals, where she requested repeated procedure at the Pristina Foundation Court.

In this request, Selvetta has stressed that she was not allowed to attend the main review hearing on the issue, as she was never notified of the start of the trial procedure, where she was indicted by her former husband. She even said that Sadadin Shehu and his representative knew where she was located and did not present the right facts.

But the request to repeat the procedure, the Court of Appeals, rejected it without providing any further explanation or reasoning regarding the process conducted at the Constitutional Court. At least that's how the Constitutional Court found support in the case against it.

Selvetje did not give up. So she again complained at the Appeals, claiming to have made wrong confirmation, constitutional violation of her right to fair and impartial judgment.

The president of the College of the Appeals Court, Qerim Ademiaj, and members Rame Hyseni and Isa Kelmendi responded to Selveta, telling her that her complaint is unfounded.

Appely's decision, which the Journal Express owns, is said to be rejected as unfounded Selvette Alijajt's complaint from Gjilan.

This court in the constitution has said that if marriage has been resolved or cancelled with a formal conviction, the divorce decision, respectively, cannot be struck by extraordinary legal means.

In the concrete case, Appeals decided that the proposal for repeated procedure is illegal and should be rejected as such.

Having found no other way to support what she considers a violation, Selvetta addressed the Constitutional Court.

The Constitutional Court, in this case, notes that in the trial of the first herald, Selvette Aliji not only did he not personally participate in the judicial process, nor did he have information on keeping the trial. She had not even been informed of the contents of the indictment and had no opportunity to present an answer to the indictment her husband had filed with her.

The Constitutional Court, also wine that its legal representative, appointed as a temporary representative, was appointed by the Court, based on her former husband's proposal. Her representative did not even object to the indictment when the indictment was issued and did not file a complaint at all, writes newspaper Express.

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The Constitution also found that the Court of Appeals, although stressing that it was aware of Selvette's claims, Ali Bhut estimated that “has not found it reasonable to elaborate on each except”.

As the outcome of all this case, the Constitutional Court says the act of the Pristina Constitutional Court, as well as the rulings of the Court of Appeals, have not observed the constitutional standards of the right to fair and impartial judgment, and as a result, the Constitution found there are violations of Article 31 and 61 of the Kosovo Constitution.

Therefore, the highest degree of trial, the Constitution, has decided to state that there has been violations in earlier court rulings against the Selvete Alija case and decided to dismiss the Pristina Constitutional Court's court's judgment and the rulings of the Court of Appeals as invalid.

The case is turned into retrial with the Constitutional decision and the Pristina Constitutional Court is ordered to announce the Constitutional in terms of measures taken to implement the act.

The Constitutional decision has been announced and entered into force since December 28, 2018.