Farwaniya Family Court Orders Divorce Due to Harm After Husband's Assault on Wife Is Proven
The Farwaniya Family Court has ordered a divorce due to harm after it was proven that the husband assaulted his wife.
Translated by Qiyas from السياسة — Original source
The Al-Farwaniya Family Court ordered the separation of a married couple through an irrevocable divorce for harm, while the wife retained all rights arising from the marriage and divorce, following proof that she had been subjected to abuse and beating by her husband.
Attorney Mohammed Safar, who filed the lawsuit on behalf of the wife, stated that the court based its ruling on the facts of the case and the report submitted by the two arbitrators appointed by the Family Counseling Department, which concluded that the abuse was committed by the husband and recommended separation between the couple.
Safar clarified that the court initially referred the case to arbitration in an effort to reconcile the spouses, before accepting the arbitrators’ report and ordering an irrevocable divorce for harm without compensation, while obliging the husband to pay court costs and 10 Kuwaiti dinars as attorney fees.
He emphasized that the ruling reinforces a judicial principle stating that continuing a marital life is not obligatory if maintaining companionship between the spouses becomes impossible, and that reaching a point of discord and aversion that makes it impossible to continue married life justifies separation, in accordance with the established jurisprudence of the Court of Cassation.
He noted that the court ruled that the wife retains all her rights arising from the marriage and divorce, with her legal waiting period (iddah) beginning from the date the ruling becomes final.
