II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that the Applicant filed an application for
divorce before the Ariana Court of First Instance (Tunisia). On 4 June 2014,
the said Court rendered a decision (hereinafter referred to as “the Judgment
of 4 June 2014”) in the Applicant’s favour, granting her divorce, child
custody and alimony. On 10 June 2014, the Applicant’s husband appealed
the Judgment of 4 June 2014before the Tunis Court of Appeal.
4.
On 1 June 2015, the Tunis Court of Appeal issued a judgment (hereinafter
referred to as “the Judgment of 1 June 2015”), by which it upheld the
judgment of 4 June 2014 in part, namely with regards to the divorce but
granted custody of the children to the Applicant’s husband, while allowing
the Applicant visitation days.
5.
On 16 June 2016, the Applicant appealed the Judgment of 1 June 2015
before the Cassation Court with regards to custody of the children and, the
payment of alimony. On 7 December 2016, the Cassation Court dismissed
the appeal in its entirety.
6.
Subsequently, the Applicant’s husband concurrently initiated an adultery
suit against the Applicant. It emerges from the record that on 8 November
2014, the Applicant accompanied one Hannibal, a friend of hers, on a trip
from Tunis to Yasmine Hammamet. On their arrival, the said Hannibal
handed the Applicant the keys to his apartment and left for a conference.
After the conference, Hannibal returned to the apartment and requested the
Applicant to let him spend the night on the sofa in the living room, while she
slept in the bedroom.
7.
It also emerges from the record that the Applicant’s husband had been
trailing the Applicant and Hannibal since they left Tunis. After the pair
entered the apartment at night, he called the police and the Grombalia court
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