Bahrain Court Overturns Ruling, Orders Man to Pay Wife's BD30,000 Dowry

TDT | Manama

The Daily Tribune - www.newsofbahrain.com

The High Appeals Court has overturned a lower court ruling that obligated a man to transfer ownership of a house to his ex-wife and pay her 30,000 Bahraini dinars, comprising a 10,000 Bahraini dinar deferred dowry and a 20,000 Bahraini dinar "Mahr al-Mithl" (equivalent dowry).

The man's lawyers, Samra Al Qasir and Zahra Al Jisr, argued that their client had married the plaintiff with a dowry of 20,000 Bahraini Dinars, including a house to be registered in her name. The couple had a daughter, but later divorced. The ex-wife did not receive the deferred dowry and the house was never registered in her name as agreed upon in the marriage contract.

The lower court had initially ruled in favour of the ex-wife, ordering the man to pay the 10,000 Bahraini dinar deferred dowry and transfer ownership of the house to her. However, the man appealed the ruling.

The High Appeals Court, in its judgment, stated that the marriage contract clearly stipulated a 10,000 Bahraini dinar immediate dowry and a 10,000 Bahraini dinar deferred dowry, including "Mahr al-Mithl" and a house in the woman's name. The court highlighted that the house was not specifically defined, and therefore, the "Mahr al-Mithl" should be determined based on the prevailing market value.

The court further explained that the lack of a specific description of the house rendered the agreement invalid, as it lacked clarity and could lead to disputes. The court emphasised that the "Mahr al-Mithl" should be at least equal to the specified part of the dowry.

After reviewing the case, the High Appeals Court found the lower court's ruling flawed due to insufficient reasoning and incorrect interpretation of the law. The court reversed the lower court's decision and ordered the man to pay the 10,000 Bahraini dinar deferred dowry and a "Mahr al-Mithl" of 20,000 Bahraini dinars.