------------- -------------- ------------------- -------------------
Wednesday , September 28 2022

Court dismisses case filed by woman against husband

This post has been read 4475 times!

KUWAIT CITY, March 5: Ja’afari Family Circuit at the Court of First Instance chaired by Judge Mohammad Hajiyah dismissed divorce lawsuit a woman filed against her estranged husband, accusing the man of abandoning his financial responsibilities and committing adultery, which made it impossible for them to have a smooth relationship. The court obliged the woman to bear the cost of legal fees and other expenses, because she could not convince the court beyond reasonable doubt. L a w y e r M o h a m m a d Khalil Al-Qattan from Khalil Al-Qattan Law Firm representing the defendant established the woman has been disobedient as contained in the 350 cases of violation of marital duties by women under Al-Ja’afari doctrine. He alleged the woman did not allow the husband to enjoy his marital rights after she left the matrimonial home without permission. He stressed the woman could have approached the court if the husband was violating her rights instead of becoming disobedient.

Ruling overruled: The Misdemeanor Court cancelled the decision of a lower court which sentenced a Lebanese woman – the branch manager of a catering company – to one month in prison with hard labor in absentia for slandering, abusing and beating her colleague. The Public Prosecution had earlier charged the Lebanese woman of insulting her colleague in public in a way that damages the latter’s honor. She allegedly beat the victim but she denied all the accusations. Lawyer for the accused, Attorney Khalid Mubarak, pointed out in court the invalidity of investigations. In fact, the plaintiff was the one who attacked the accused and tried to beat the latter but eyewitnesses intervened, the lawyer asserted. He also argued that the complaint lacked legal merit so he urged the court to acquit his client.

‘Let him see kids’: The Family Court obliged a divorced woman to pay compensation worth KD 5,001 to her former husband for denying him the right to see his children. Representing the man was Lawyer Mubarak Al Khashab who sued the woman on behalf of his client as a verdict had been issued to allow his client to see his children. Lawyer Al-Khashab presented documents that revealed about a number of instances when his client was denied the right to see his children. He explained that Article 196 of law No 51/1984 of personal status code guarantees the right of parents, as well as grandparents, to see their children, which cannot be denied by those with the custody of the children. Lawyer Al-Khashab also quoted the first paragraph of Article 227 of the civil law as per which all who commits an erroneous act that harms others are obliged to pay compensation to them, insisting that his client was affected physically and mentally by the act of his ex-wife in denying him the right to see his children.

By Jaber Al-Hamoud Al-Seyassah Staff

Check Also

No social distancing in Kuwait courts

This post has been read 4476 times! KUWAIT CITY, Oct 27: Even though Ministry of …