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TC annuls regulation that obliges a divorced woman to wait 10 months to remarry

SANTO DOMINGO. The Constitutional Tribunal (TC) declared article 35 of the Divorce Law to be null and void. The regulation establishes that a divorced woman cannot marry again within 10 months after the divorce is finalized, unless her new husband is the same one from which she was separated.

By means of sentence TC/0070/15, the court considered that the regulation of the law, of 21 May 1937, is contrary to the Constitution.

The high court accepted a direct request of unconstitutionality filed by Angela Merici Mendoza Minier against the regulation.

The TC ordered that the sentence be notified to the petitioner and to the National Congress.

They are of the criteria that prohibiting a woman to contract a new marriage, before the expiration of 10 months from the date of the divorce, constitutes a disregard and disrespect for her condition as a person, because it is based on a presumption of fraud consisting in the fact that she might be hiding a pregnancy from the new husband.

The court sustained that technological advances allow the woman to determine, by means of simple and trustworthy procedures, whether she is pregnant at the moment of contracting the new marriage, and communicate this to her husband, “so that maintaining at the present time the prohibition of matrimony could only be explained, if we begin with the indignant supposition that the woman might hide from her new husband a state of pregnancy resulting from the former matrimonial relationship.”

The court suggests that it is evident that this is not justified at the present time, since in accordance with what they said previously, in order to avoid difficulties in the determination of the paternity of a child there exists the DNA tests, “so that it is not necessary to condition a second marriage of the woman on waiting for 10 months go by such as provided in the regulation that is under consideration.”

The court observed that the text under question imposes on the woman that is getting a divorce a requirement in order to be able to marry again, but not on the man, who can do it at the moment of the divorce.

Cesfront ordered

in another sentence, the TC ordered the Specialize Corps of Frontier Security (Cesfront) headquartered in the town of Comendador, in the province of Elias Piña, to immediately deliver 76 boxes of rum and nine of wine, seized from Esteban de León Piron.

The court set a penalty of RD $3000 per day for the Cesfront for each day they delay the execution of the present sentence, starting from the date of the notification of the decision, in favor of Hogares Crea, Inc.

the conflict originated because members of Cesfront retained merchandise consisting in alcoholic beverages from De León Piron, in operation carried out in the Guanito Section of the province of Elias Piña, alleging that De Leon Piron was supposedly selling this merchandise which they said was contraband.

The Civil and Commercial Chamber of the Court of the First Instance of Elias Piña, accepted the appeal, and ordered the immediate return, a decision which Cesfront appealed on constitutional revision.

Source: DiarioLibre

April 18, 2015

Category: DR News |

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