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Could someone divorce because of being sterile? having cancer? getting fat?
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They aren't legal grounds for divorce, but they have been reasons.
Why are the courts even bothering with this? Fraud in and of itself is a valid reason for annulment(re: Rene Zellweger, c. 2006). If she, whether Muslim or not, reprsented herself to be something it was found later she was not, and that issue was a deal maker or breaker, it's not even newsworthy. Why it's made so is the fact that the fraud charge involved her sexual past-she presented herself as a virgin. She lied, big whoop.
Rights groups have a real problem with cultural mentality. Granted, there are some things they should stick their nose in-genital mutilation in some African tribal cultures comes to mind-but this is not the mutilation, imprisonment or torture of another. She lied.
Dati needs to find something else to occupy his time and the human rights mouthpieces need to as well. If it goes back to court, they'll be pissed off; if the marriage gets annulled, they'll be pissed off. There are more pressing issues.