Bagatsky satisfied the claims of four men, recognizing the decisions of rabbinas on alimony illegal

The Supreme Court of Justice satisfied the lawsuit of four men, ruled that the decisions of the rabbinat courts that considered them a divorce, regarding child support for children, were adopted in excess of authority.

Judges Yael Wilner and Ruth Runen, in the decision of the majority, decided that the rabbino courts violated the “shruga precedent” from 1969, who established the right to consider alimony only by the direct consent of both parties or when it comes to reimbursing expenses for children.

In 2019, the Supreme Court confirmed this precedent, but in 2021 the Supreme Rabbi court, contrary to the decision of the Supreme Court, decided that the Rabbinsky courts have the right to consider the issues of alimony for minors even without the consent of the parties.

Judge Nooam Solberg also believed that he should adhere to the precedent Shargai, but interpreted him differently. In his opinion, the claims that are the subject of petitions in the rabbinsky courts are claims for compensation, including the requirements of alimony on children on behalf of the child – which, according to the law, can be filed in the rabbinsky courts.

According to Judge Solberg, the applicant men tried to undermine the powers of the rabbinsky court, “cynically using the Shargai precedent, which was intended to protect the rights of women and their children in the divorce proceedings.”