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Ex-wife wins house share in lawsuit

KUWAIT CITY, Feb 16: The Misdemeanor Court, presided over by Judge Abdul Salam Al-Baeijan, upheld the ruling of the Court of First Instance, which had earlier instructed a man to pay KD 49,408 to his ex-wife as her share of the matrimonial house. Case files indicate that prior to the divorce, the woman and her ex-husband shared the expenses related to the purchase of land estimated at KD65,000 and the construction of their house. However, the woman did not benefit from her part of the house for five years due to the divorce. She tried several times to get her share but her efforts went in vain, so she filed a case against her ex-husband.

The plaintiff’s lawyer, Attorney Mohammad Jabber Kamal, presented pieces of evidence and witness in court to substantiate the claim of his client. The court ruled in favor of the woman after assigning an expert to estimate the value of her part in the house for five years but the ex-husband appealed the verdict. Meanwhile, the Misdemeanor Section in the Court of Appeals, chaired by Judge Adnan Al-Jasser, acquitted two persons of causing severe injuries to another when they attacked the latter. This decision overrides the verdict of the Court of First Instance that had previously sentenced the accused to 10 years in jail with hard labor and immediate execution in absentia. Lawyer for the defendants, Attorney Tareq Al-Khars, denied the allegations and objected to the sentence in absentia. He argued the plaintiffs entered the shop of his clients for the first time to attack the latter.

The defendants reported the incident to the police, who promptly arrested them and later settled the rift. He said eight persons came back to the shop the following day where they attacked the defendants again. He said his clients had to protect themselves and their property in line with articles 26, 27 and 32 of the Penal Code. The higher court ruled in favor of the accused after a careful analysis of the evidence and arguments presented by both sides. In another case, the Misdemeanor Section in the Court of Appeals has refrained from imposing penalty on an Asian man accused of stealing tyres from a company in Mina Abdullah.

The verdict of the higher court upturned the previous ruling by the Court of First Instance which sentenced the suspect in absentia for two years with hard labor, immediate execution and deportation after serving the term. The defendant’s lawyer, Attorney Hanadi Shukrallah, questioned the sentence indicating her client confessed under duress. She argued the confession is null and void, while pointing out the allegation was illogical since a 55-yearold could not have single-handedly stolen four tyres.

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