HANNAH’S STORY: After 9 Years of Get Refusal, Relief in Civil Court

The following illustrates how CWJ’s legal precedents provide innovative options for Israeli women locked in battle with the rabbinic establishment. CWJ is effectively inducing the State to intervene in unfair rabbinic court rulings – something it’s not done previously – so that Hannah and others like her can get on with their lives.

In 2002, after suffering for years at the hands of a husband who physically battered her and verbally abused their six children, Hannah (not her real name) filed for divorce in rabbinic court. Her husband had already moved out of their home, after leaving their marital bed three years earlier.

A 2003 rabbinic court ruling “recommended” that the get be given, but Hannah’s husband refused to grant the divorce. This led to a 2004 rabbinic court ruling “mandating” that a get be given.  “It is clear that this man’s only motive for continuing to deny his wife a get is revenge and all he wants is to keep her trapped in this marriage,” the ruling stated. Heartened by this decision, Hannah looked forward to starting a new life. But in 2005, her husband requested that additional conditions be attached to the get and the court agreed. This process continued for two more years with no results. 

Separated from her husband for eight years and frustrated by five futile years of litigation in the rabbinic courts, Hannah turned to the Center for Women’s Justice (CWJ) for help. A CWJ attorney filed a claim in family court on Hannah’s behalf, suing her husband for compensatory damages. 

The family court delivered a decisive judgment, ruling favorably for Hannah and ordering her husband to pay NIS 680,000 to compensate for her years of anguish. This important precedent demonstrates the increasing willingness of civil courts to take a bold stance in the protection of women’s state-ordained rights, even in the face of a dissenting religious establishment.

Hannah’s agonizing lost years can never be recovered. But now that her husband’s equity interest in their apartment has been transferred to her name, at least she and her six children have a secure roof over their head. And - even more critical – this trailblazing judgment has paved the way for relief and security for other women like Hannah.

 

CWJ’s cutting-edge litigation activity is made possible thanks to the deep generosity of the Beverly Foundation, Jacob and Hilda Blaustein FoundationDavid Berg FoundationJewish Women’s Foundation of Metropolitan ChicagoHadassah Foundation,Stichting Levi Lassen, Greater Miami Jewish Federation WAI, New Israel Fund, UJA Federation of Greenwich and others whose general support has provided a secure foundation to advance this essential work.