Tuesday , October 17 2017

Citizen loses case to win custody of kids from mom – Actor Boushehri compensated

KUWAIT CITY, July 15: The Personal Status Section in the Court of First Instance dismissed the lawsuit filed by a citizen who demanded relinquishment of custody from his ex-wife on the pretext that she is not hygienically and morally fit to raise their children due to the alleged pictures of their daughter depicting poor morals because of un-Islamic upbringing.

Attorney Muhammad Khalil Al-Qattan, who represented the defendant in court, cited Articles 189, 190, 191 and 194 of the Personal Status Law stating that custody means protecting the children, raising them, taking care of them and promising to sustain them with food and clothing or anything that is good for them by those who have the right to raise them as per the law. For boys until puberty and for girls until the time they get married, women are given priority because they can tolerate the difficulties associated with raising children. The mother has the upper right hand since she has affection and love, so long this right is not waived when she marries another man.

Al-Qattan affirmed by studying papers related to the lawsuit that they lack seriousness regarding the mother’s suitability in taking custody. He asserted that what the plaintiff considered as fault on the part of the defendant, claiming she is not fit to raise the children, was just hearsay and no evidence was presented so the lawsuit lacks legal merit.

Boushehri compensated: The Civil Section of the Court of Appeals, headed by Judge Adel Al-Juwaied, instructed producer Basim Abdulamir to pay KD 5,000 to actor Abdullah Boushehri for not fulfilling his obligation in a contract signed between them as the Bousheri’s role was given to another actor.

The incident goes back to 2013 when Abdulamir and Boushehri agreed that the latter will act in the series ‘Lil Houb Kalma’ (Love Speaks) which was aired during Ramadan of 2014. They signed the contract and the actor was given the role of Talal. However, Boushehri was surprised when Abdulamir decided to withdraw him from the series and filming started without him.

Boushehri filed a civil lawsuit through his lawyer, Attorney Bashar Al-Nassar, demanding compensation for material and moral damages which he suffered as a result of the breach of contract. He based his lawsuit on the fact that a contract is binding to the parties involved and Abdulamir breached his obligations that made Boushehri suffer material and moral damages.

The Court of First Instance reviewed the case and referred it experts to identify who breached the contract. The experts’ final report stated that the breach of the contract was done by Abdulamir so the actor deserves compensation but decided to leave the judgment to the First Instance Court which then dismissed the lawsuit filed by Boushehri.

Boushehri appealed the ruling. He was represented by his lawyer Al Nassar who argued and proved that the producer breached the contract.

Boushehri said he does not wish to talk about the case but expressed his gratitude to lawyer Bashar and the just judiciary.

Released on bail: The Court of Appeals decided to free an official of the Qu’ran Authority who was sentenced to 7 years in prison for misappropriating funds. He was released on KD 5,000 bail and banned from traveling.

Earlier, the Criminal Court decided to imprison the Director General of Quran Sunnah Authority and his Administrative Coordinator for 7 years with hard labor and immediate execution of verdict.

 It also relieved them of their duties for misappropriating funds.

Case files indicated the director paid huge sums in allowances and salaries to the administration coordinator despite he was outside the country and absent from work for almost 14 months. The Court fined the director KD 77,000 and ordered him to return KD 28,000 while the administrative coordination was fined KD 57,000 and obliged to return KD 28,000 followed by deportation after completing the jail term.

By Jaber Al-Hamoud

Al-Seyassah Staff

 

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