Bahraini husband claims legal win

TDT | Manama

Email: mail@newsofbahrain.com

A Bahraini man has successfully sued his wife, securing a court ruling that absolves him of his financial obligations for child and spousal support. The case, detailed by lawyer Abdulatheem Hubail, centers on the wife’s departure from the marital home four years ago and her subsequent refusal to return, despite two court orders mandating her return.

The husband’s legal action followed unsuccessful attempts at reconciliation through family mediation. He argued that his wife, with whom he has children, initially received a temporary court order for child and spousal support ten years ago, which was duly executed. However, a year later, he obtained a court order compelling his wife’s return to the marital home. She left again in 2020, prompting a second court order for her return.

Return

By 2024, the wife explicitly stated her unwillingness to return.

A subsequent court ruling declared her in a state of nushuz (disobedience/rebellion in an Islamic marital context) and deemed her ineligible for support since 2020. The husband then filed his lawsuit to discharge his accumulated financial obligations, arguing that the lack of spousal cohabitation rendered the support payments unwarranted.

The court, in its deliberations, considered the legal principle that a wife forfeits her right to support if she leaves the marital home without justifiable cause.

Absent

Since the wife had been absent since 2020 without such cause, the court ruled in the husband’s favour. The Sharia court’s final decision discharged the husband from all financial obligations for child and spousal support from 2020 until the date of the ruling. This effectively clears the husband’s debt related to these payments.