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Saturday , October 31 2020

Fireman wins comp – Court gives go ahead to divorce abusive husband

KUWAIT CITY, April 24: A Kuwaiti court issued a verdict in favor of woman’s request to divorce her husband irrevocably without any compensation in addition to having an Iddat (period of waiting) with effective from the date of the ruling. The woman through her counsel Lawyer Azbi Al-Nemran had filed a lawsuit demanding divorce from her estranged and abusive husband. The couple has kids together and the husband abused her so many times that she eventually could not take it and decided to file the lawsuit. The court responded to the request, affirming that Sharia does not force any woman to be subjected to painful and forced submission by their husband but gives them the right and option to seek a way out from the marriage if it does not work. It added that women can resort to justice if they cannot endure their abusive husbands.

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Fireman wins comp: The Court of Cassation set a precedent in compensating injured civilian employees in certain sectors, granting them the right to demand for compensation if the injury is caused by the mistake of the employing bodies. In its ruling, the court pointed out that the lawmakers did not obligate the State to compensate injured employees unless the injury is due to the error of employing bodies. This came when the court issued a ruling obligating the director of Kuwait Fire Service Directorate to pay KD20,000 compensation to a fireman who sustained injuries while extinguishing a fire that broke out in a ship which belongs to the directorate.

The court argued the fireman was injured because the ship was moving during the fire-out operation, asserting the ship was supposed to be stationary. It added the fireman was injured when he fell in the container when the direction of water coming out of the ship changed. The court stressed it is the responsibility of the directorate to take the necessary technical measures to prevent movement of the ship while the fire is being extinguished.

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Move nullified: The Administrative Court has nullified a decision taken by Ministry of Interior to reject a Kuwaiti woman’s application for the position of junior legal researcher at the General Investigations Department and all attendant effects. The plaintiff counsel Lawyer Zaid Al-Khabbaz filed a lawsuit against the ministry’s decision to reject his client’s application as a junior legal researcher. He urged the court to ensure the verdict was immediately implemented without any strings attached. Lawyer Al-Khabbaz explained that an advertisement was posted for the vacant position and his client applied since she was eminently qualified. She went for the written and oral examinations, which she had passed excellently and supported with her outstanding academic qualification. However, she was not appointed due to which she submitted a complaint, which was ignored.

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