KudoZ home » English to Arabic » Law (general)

in the nature of a default on

Arabic translation: في حالة وجود تقصير

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:in the nature of a default on
Arabic translation: في حالة وجود تقصير
Entered by: Sayed Moustafa talawy
Options:
- Contribute to this entry
- Include in personal glossary

19:46 Oct 23, 2007
English to Arabic translations [PRO]
Law/Patents - Law (general)
English term or phrase: in the nature of a default on
the parties to be heard in the nature of a default on the verified Petition for Dissolution of Marriage

this is quick task, please
thanks in advance for everyone
Hani Hassaan
Egypt
Local time: 03:37
في حالة وجود تقصير
Explanation:
في حالة وجود تقصير يتم الإستماع للطرفين للتحقق من عريضة فسخ الزواج

--------------------------------------------------
Note added at 9 mins (2007-10-23 19:56:22 GMT)
--------------------------------------------------

أو في حالة وقوع تقصير

--------------------------------------------------
Note added at 15 mins (2007-10-23 20:02:27 GMT)
--------------------------------------------------

في حالة وجود تقصير مفترض في عريضة فسخ الزواج يتم الإستماع للطرفين

--------------------------------------------------
Note added at 19 mins (2007-10-23 20:06:21 GMT)
--------------------------------------------------

http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb...

--------------------------------------------------
Note added at 31 mins (2007-10-23 20:18:16 GMT)
--------------------------------------------------

REVERSED AND REMANDED
Dorothy J. Chamberlain ("Wife") and Steve Chamberlain ("Husband") were divorced by the New Madrid Circuit Court on December 14, 1993. Husband filed a Petition to Vacate Decree of Dissolution on May 22, 2000. The trial court overruled the petition(FN1) and Husband appeals from that judgment. We reverse and remand the case to the trial court for further proceedings consistent with this opinion.
Wife filed her Petition for Dissolution of Marriage on July 19, 1993. She alleged that Husband "cannot be served in [Missouri] with process in the manner prescribed by law for personal service of process in this state, and his present address is Rt. 3, Box 237, Golconda, Illinois, 63938." Wife provided Husband’s social security number and stated that he was unemployed.
On July 19, 1993, the New Madrid County Circuit Clerk ("the clerk") sent a letter to the sheriff of Pope County in Golconda, Illinois requesting the sheriff serve an enclosed summons on Steve Chamberlain. The letter was returned to the clerk’s office with a notation dated September 21, 1993, which stated that the summons was being returned because it was outdated. The clerk sent another letter and summons to the Pope County sheriff dated September 23, 1993, again asking that the sheriff serve Steve Chamberlain. No record of service of the summons exists and there is no further explanation as to why he was not personally served.
On October 18, 1993, the Circuit Court of New Madrid County issued an Order of Publication of Notice to Steve Chamberlain ("publication order") concerning the dissolution action. In the "Affidavit of Publication," Clement Cravens, "Publisher of The Weekly Record" swore that notice was published concerning the Chamberlain divorce petition from October 22, 1993 through November 12, 1993 in "The Weekly Record," "a weekly newspaper of general circulation in the County of New Madrid."
The court heard evidence on the divorce petition on December 14, 1993 and found Husband in default. The marriage was dissolved and marital property and debts were divided pursuant to the petition for dissolution and decree. On May 22, 2000, Husband filed his verified "Petition to Vacate Decree of Dissolution Entered On December 15, 1993." The petition alleges the decree of dissolution should be set aside for lack of personal jurisdiction over Husband. Husband admits that publication was made in New Madrid County, but alleges a copy of the summons and petition was not mailed to him. Husband also alleges that Wife "grossly misrepresented to the Court the marital assets of the parties." Husband claims that, as a result, the property distribution was "grossly inequitable."
The court held a hearing on Husband’s petition to vacate on November 14, 2000, but no evidence was taken. The attorneys made oral arguments and Husband requested leave to file an amended petition. The court, indicating it would go through the pleadings and examine what led to the default decree, took the entire matter under advisement. The court overruled Husband’s petition and never made a ruling on Husband’s request to file an amended petition.
Husband appeals the court’s denial of his petition to vacate on two grounds. First, Husband contends the court erred in overruling his petition because the court had no jurisdiction to enter the decree of dissolution of marriage. Husband’s second contention is that the court erred in overruling his petition to vacate because the allegations were sufficient to warrant an evidentiary hearing on Husband’s allegation that the division of marital assets was procured by fraud.
Husband argues the court did not have jurisdiction to enter the decree of dissolution because the rules regarding service were not followed and the court did not have personal jurisdiction over Husband. The crux of Husband’s argument is that he received no notice, constructive or otherwise, of the dissolution proceeding. Specifically, Husband cites to Rule 54.17(e), Missouri Rules of Civil Procedure (1993) and § 506.160.3.(FN2) Rule 54.17 was repealed in 1993, effective January 1, 1994, but it was in effect at the time the petition for dissolution was filed and the decree of dissolution was entered. Rule 54.17(e) read as follows:
If the address of any of the parties to be served by publication is given in the verified statement the clerk shall (1) within ten days after such order of publication mail a copy of the order of publication of notice and a copy of the petition to each such defendant and (2) file a certificate that such copies have been mailed.

The applicable portion of § 506.160.3 states as follows:

If the plaintiff . . . shall allege in his verified petition . . . that part or all of the defendants are nonresidents of the state . . . and cannot be personally served in this state in the manner prescribed by law for personal service, . . . and the affidavit or the verified petition shall state the present known address of the defendant, if known, . . . the court or judge or clerk thereof shall issue an order of publication of notice to such defendant or defendants, notifying such defendant or defendants of the commencement of the action, and stating briefly the object and general nature thereof, and describing the property, if any, to be affected. . . . If the present known address of the defendant is given, the clerk shall within ten days after said order of publication mail a copy of the notice to each defendant whose address has been stated in the affidavit or verified petition. The clerk shall file a certificate certifying that copies of the notice have been mailed as required by this section, in all cases where the present known address has been given, and such certificates shall be conclusive and binding upon the parties.

(Emphasis added.)


--------------------------------------------------
Note added at 56 mins (2007-10-23 20:42:47 GMT)
--------------------------------------------------

وبإستشارة البروفسور ولاء عراقيب استاذ القانون الدولي العام بجامعة طنطا ألأن علي التليفون أشارإلي الترجمة التالية علما بأنه خريج جامعة وشنطن كلية القانون
أشار للترجمة التالية
في حالة وجود تقصير
في حالة وجود إخلال من أي نوع
شكرا ياهاني:


--------------------------------------------------
Note added at 1 hr (2007-10-23 20:46:59 GMT)
--------------------------------------------------

Elsayed Talawy: the parties to be heard in the nature of a default on the verified Petition for Dissolution of Marriage

Dr walaa: da3wa enhalal el zawag
Dr walaa: talllak
Elsayed Talawy: في حالة وجود تقصير في عريضة فسخ الزواج يتم الإستماع ألي الطرفين
Elsayed Talawy: in the nature of a default
Elsayed Talawy: المطلوب هو
Elsayed Talawy: in the nature of a default
Dr walaa: please call
Dr walaa: on messanger
Dr walaa: you got mic
Dr walaa: right
Elsayed Talawy: no i'll call u at land line
walaa yahoo: please
walaa yahoo: do
walaa yahoo: i'm home
Selected response from:

Sayed Moustafa talawy
Local time: 03:37
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
5 +4في حالة وجود تقصيرSayed Moustafa talawy
4 +1عن طبيعة عدم الوفاء بـ
Mohsin Alabdali
4في طبيعة تقصير ما في حالة....ـ
hanysalah
3في حالة التراجع / التخلف / عدم الوفاء أو الالتزام
Yaser Suleiman
2في طبيعة وأسس طلب التماس الإلغاء
Assem Mazloum


Discussion entries: 1





  

Answers


22 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
في طبيعة وأسس طلب التماس الإلغاء


Explanation:
*

Assem Mazloum
Germany
Local time: 03:37
Works in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 37
Login to enter a peer comment (or grade)

5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
في حالة وجود تقصير


Explanation:
في حالة وجود تقصير يتم الإستماع للطرفين للتحقق من عريضة فسخ الزواج

--------------------------------------------------
Note added at 9 mins (2007-10-23 19:56:22 GMT)
--------------------------------------------------

أو في حالة وقوع تقصير

--------------------------------------------------
Note added at 15 mins (2007-10-23 20:02:27 GMT)
--------------------------------------------------

في حالة وجود تقصير مفترض في عريضة فسخ الزواج يتم الإستماع للطرفين

--------------------------------------------------
Note added at 19 mins (2007-10-23 20:06:21 GMT)
--------------------------------------------------

http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb...

--------------------------------------------------
Note added at 31 mins (2007-10-23 20:18:16 GMT)
--------------------------------------------------

REVERSED AND REMANDED
Dorothy J. Chamberlain ("Wife") and Steve Chamberlain ("Husband") were divorced by the New Madrid Circuit Court on December 14, 1993. Husband filed a Petition to Vacate Decree of Dissolution on May 22, 2000. The trial court overruled the petition(FN1) and Husband appeals from that judgment. We reverse and remand the case to the trial court for further proceedings consistent with this opinion.
Wife filed her Petition for Dissolution of Marriage on July 19, 1993. She alleged that Husband "cannot be served in [Missouri] with process in the manner prescribed by law for personal service of process in this state, and his present address is Rt. 3, Box 237, Golconda, Illinois, 63938." Wife provided Husband’s social security number and stated that he was unemployed.
On July 19, 1993, the New Madrid County Circuit Clerk ("the clerk") sent a letter to the sheriff of Pope County in Golconda, Illinois requesting the sheriff serve an enclosed summons on Steve Chamberlain. The letter was returned to the clerk’s office with a notation dated September 21, 1993, which stated that the summons was being returned because it was outdated. The clerk sent another letter and summons to the Pope County sheriff dated September 23, 1993, again asking that the sheriff serve Steve Chamberlain. No record of service of the summons exists and there is no further explanation as to why he was not personally served.
On October 18, 1993, the Circuit Court of New Madrid County issued an Order of Publication of Notice to Steve Chamberlain ("publication order") concerning the dissolution action. In the "Affidavit of Publication," Clement Cravens, "Publisher of The Weekly Record" swore that notice was published concerning the Chamberlain divorce petition from October 22, 1993 through November 12, 1993 in "The Weekly Record," "a weekly newspaper of general circulation in the County of New Madrid."
The court heard evidence on the divorce petition on December 14, 1993 and found Husband in default. The marriage was dissolved and marital property and debts were divided pursuant to the petition for dissolution and decree. On May 22, 2000, Husband filed his verified "Petition to Vacate Decree of Dissolution Entered On December 15, 1993." The petition alleges the decree of dissolution should be set aside for lack of personal jurisdiction over Husband. Husband admits that publication was made in New Madrid County, but alleges a copy of the summons and petition was not mailed to him. Husband also alleges that Wife "grossly misrepresented to the Court the marital assets of the parties." Husband claims that, as a result, the property distribution was "grossly inequitable."
The court held a hearing on Husband’s petition to vacate on November 14, 2000, but no evidence was taken. The attorneys made oral arguments and Husband requested leave to file an amended petition. The court, indicating it would go through the pleadings and examine what led to the default decree, took the entire matter under advisement. The court overruled Husband’s petition and never made a ruling on Husband’s request to file an amended petition.
Husband appeals the court’s denial of his petition to vacate on two grounds. First, Husband contends the court erred in overruling his petition because the court had no jurisdiction to enter the decree of dissolution of marriage. Husband’s second contention is that the court erred in overruling his petition to vacate because the allegations were sufficient to warrant an evidentiary hearing on Husband’s allegation that the division of marital assets was procured by fraud.
Husband argues the court did not have jurisdiction to enter the decree of dissolution because the rules regarding service were not followed and the court did not have personal jurisdiction over Husband. The crux of Husband’s argument is that he received no notice, constructive or otherwise, of the dissolution proceeding. Specifically, Husband cites to Rule 54.17(e), Missouri Rules of Civil Procedure (1993) and § 506.160.3.(FN2) Rule 54.17 was repealed in 1993, effective January 1, 1994, but it was in effect at the time the petition for dissolution was filed and the decree of dissolution was entered. Rule 54.17(e) read as follows:
If the address of any of the parties to be served by publication is given in the verified statement the clerk shall (1) within ten days after such order of publication mail a copy of the order of publication of notice and a copy of the petition to each such defendant and (2) file a certificate that such copies have been mailed.

The applicable portion of § 506.160.3 states as follows:

If the plaintiff . . . shall allege in his verified petition . . . that part or all of the defendants are nonresidents of the state . . . and cannot be personally served in this state in the manner prescribed by law for personal service, . . . and the affidavit or the verified petition shall state the present known address of the defendant, if known, . . . the court or judge or clerk thereof shall issue an order of publication of notice to such defendant or defendants, notifying such defendant or defendants of the commencement of the action, and stating briefly the object and general nature thereof, and describing the property, if any, to be affected. . . . If the present known address of the defendant is given, the clerk shall within ten days after said order of publication mail a copy of the notice to each defendant whose address has been stated in the affidavit or verified petition. The clerk shall file a certificate certifying that copies of the notice have been mailed as required by this section, in all cases where the present known address has been given, and such certificates shall be conclusive and binding upon the parties.

(Emphasis added.)


--------------------------------------------------
Note added at 56 mins (2007-10-23 20:42:47 GMT)
--------------------------------------------------

وبإستشارة البروفسور ولاء عراقيب استاذ القانون الدولي العام بجامعة طنطا ألأن علي التليفون أشارإلي الترجمة التالية علما بأنه خريج جامعة وشنطن كلية القانون
أشار للترجمة التالية
في حالة وجود تقصير
في حالة وجود إخلال من أي نوع
شكرا ياهاني:


--------------------------------------------------
Note added at 1 hr (2007-10-23 20:46:59 GMT)
--------------------------------------------------

Elsayed Talawy: the parties to be heard in the nature of a default on the verified Petition for Dissolution of Marriage

Dr walaa: da3wa enhalal el zawag
Dr walaa: talllak
Elsayed Talawy: في حالة وجود تقصير في عريضة فسخ الزواج يتم الإستماع ألي الطرفين
Elsayed Talawy: in the nature of a default
Elsayed Talawy: المطلوب هو
Elsayed Talawy: in the nature of a default
Dr walaa: please call
Dr walaa: on messanger
Dr walaa: you got mic
Dr walaa: right
Elsayed Talawy: no i'll call u at land line
walaa yahoo: please
walaa yahoo: do
walaa yahoo: i'm home


Sayed Moustafa talawy
Local time: 03:37
Works in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 22
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Assem Mazloum: crossed my mind, في حالة وجود تقصير
59 mins
  -> Thanks Alot Assem have anice night

agree  Hebat-Allah El Ashmawy
1 hr
  ->  thanks Heba have anice day

agree  Ammar Mahmood
1 day13 hrs
  -> Thanks ammar

agree  Mohammed Abdelhady
2 days13 hrs
  ->  thanks Mohamed
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
في حالة التراجع / التخلف / عدم الوفاء أو الالتزام


Explanation:
والله أعلم

Yaser Suleiman
Jordan
Local time: 04:37
Works in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 8
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
في طبيعة تقصير ما في حالة....ـ


Explanation:
حدوث تقصير أو تخلف بالنسبة للحالة المعروضة

hanysalah
Egypt
Local time: 03:37
Specializes in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 72
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
عن طبيعة عدم الوفاء بـ


Explanation:
the parties to be heard in the nature of a default on the verified Petition for Dissolution of Marriage

سيتم الإستماع للأطراف عن طبيعة عدم الوفاء (المذكور) في العريضة المصدقة لفسح عقد النكاح

Mohsin Alabdali
Saudi Arabia
Local time: 04:37
Specializes in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 104

Peer comments on this answer (and responses from the answerer)
agree  Mohammad Zahidul Islam
5 hrs
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Nov 6, 2007 - Changes made by Sayed Moustafa talawy:
Created KOG entryKudoZ term » KOG term


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search