Kuwait Court (Inset) Attorney Nasser Al-Farhoud

KUWAIT CITY, Jul 2: The Commercial Court of Appeal has ruled in favor of a Kuwaiti mother, ordering her daughter to return a sum of KD 9,800. The amount, initially given as a financial gift to help the daughter purchase a car, was later revoked by the mother due to what the court described as "gross ingratitude."

Attorney Nasser Al-Farhoud brought the case forward on behalf of the mother. In his legal filing, Al-Farhoud requested the court to officially recognize the revocation of the gift and declare the original transaction null and void. He also sought a court order compelling the daughter to repay the KD 9,800, which the mother had transferred directly from her personal bank account to the car dealership for the purchase of a vehicle registered in the daughter's name.

As evidence, Al-Farhoud submitted the relevant bank statement, which showed the exact transfer of funds to the car company, confirming delivery of the vehicle to the daughter. Furthermore, he presented witness testimony from individuals who affirmed that the plaintiff was indeed the defendant’s mother. They testified that the mother had willingly offered the money as a gift, following the daughter's request. At the time, the daughter was unemployed and financially unable to purchase the vehicle on her own.

However, the situation deteriorated due to a series of personal disputes between the mother and daughter. The mother alleged that her daughter breached their familial trust and even physically assaulted her, which she viewed as a serious act of disrespect and betrayal. This behavior led the mother to rescind the financial gift.

Attorney Al-Farhoud based his argument on Article 537 of the Kuwaiti Civil Code, which grants parents the legal right to revoke a gift made to their children. He also cited Article 538, which permits the cancellation of a gift if the recipient fails to honor their moral obligations toward the donor, particularly when the failure amounts to ingratitude.

The court accepted the arguments and evidence presented. In its written judgment, the court stated that it was convinced by the witness statements and the documentation provided, and that there were no legal barriers under Article 539 of the Civil Code that would prevent the return of the gift. Notably, the court clarified that the exception protecting gifts made to "mahram" relatives (relatives one cannot marry under Islamic law) did not apply in this case.

Ultimately, the court determined that the daughter's conduct amounted to a serious breach of filial duty and gratitude, thereby justifying the legal revocation of the gift. Accordingly, the court ordered the daughter to repay the full amount of KD 9,800 to her mother. This total includes the principal sum, case expenses, and the actual legal fees incurred.