A Sharia court in Bahrain may order a husband to pay maintenance to his wife and children after divorce. However, if the husband later becomes unable to meet the ordered amount, he may have the right to file a Claim to Reduce Wife and Child Maintenance in Bahrain.
In this article, Bahrain Lawyer explains how to file a maintenance reduction claim, the conditions required for the court to consider it, and provides a general sample of such a claim.
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When Can a Claim to Reduce Wife and Child Maintenance Be Filed in Bahrain?
A claim to reduce wife and child maintenance is a legal action filed by the husband, or by his legal representative, before the competent court. Through the claim, he asks the court to reduce the maintenance previously awarded to the wife or children when new or exceptional circumstances make payment of the existing amount difficult or burdensome.
For the court to accept the claim, there should be sufficient grounds showing a genuine change in the husband’s financial or health circumstances. Common reasons may include:
- The husband losing his job or retiring.
- The husband losing his business or main source of income.
- An increase in the number of people for whom he is legally responsible for maintenance, such as his parents, another wife, or new children.
- A deterioration in the husband’s health that affects his ability to work and earn income.
Husband’s Defense Memorandum in a Wife Maintenance Claim
When a wife files a maintenance claim against her husband, the husband has the right to present his legal defense. A defense memorandum seeking the reduction or termination of wife maintenance is a legal document submitted to the competent court in Bahrain. The following is a general sample of a husband’s defense memorandum in a wife maintenance case:
To the Sharia Court in Bahrain
Claimant: Mr. …………., holder of National ID No. …………., residing at …………., represented by Attorney …………. under Special Power of Attorney No. ………….
Defendant: Mrs. …………., holder of National ID No. …………., residing at ………….
Subject of the Claim: Reduction of Wife Maintenance
I, the claimant …………., submit this claim against the defendant …………. seeking a reduction of the wife maintenance awarded to her under Judgment No. …………. dated ………….
Grounds: The reasons and supporting circumstances justifying the reduction of maintenance should be stated here, such as loss of employment, retirement, or a medical condition affecting the claimant’s earning capacity.
Requests:
I respectfully request that the Honorable Court accept my claim and grant the following relief:
Reduce the wife maintenance awarded to the defendant under Judgment No. …………. dated ………….
Order the defendant to bear the costs of the proceedings.
Name of Appointed Lawyer: ……………
Signature: …………..
Defense Memorandum in a Claim to Reduce Child Maintenance
In the context of a Claim to Reduce Wife and Child Maintenance in Bahrain, a husband may also submit a defense memorandum concerning the reduction of child maintenance when sufficient reasons and the applicable legal requirements are present. The memorandum should be drafted carefully and should clearly support the husband’s legal position.
A husband’s defense memorandum in a claim to reduce child maintenance should include the following details:
- The name of the court to which the memorandum is submitted, namely the Family Court.
- The claimant husband’s personal details, including his name, national identification number, and address.
- The details of the appointed lawyer, if a lawyer has been instructed to represent the husband.
- The defendant wife’s personal details, including her name, national identification number, and address.
- The children’s details and their number.
- The number and date of the case in which the defense memorandum is being submitted.
- A clear account of the facts of the case in chronological order.
- The legal defenses and the grounds relied upon to request a reduction of maintenance.
- The husband’s requests before the court regarding the reduction of maintenance, together with any request concerning legal fees or litigation costs where legally applicable.
- The claimant’s or his legal representative’s signature at the end of the memorandum.
Judicial Precedents in Bahrain Courts in Similar Maintenance Cases
A case brought before the Family Court in Bahrain involved the following circumstances:
After the spouses divorced, the court ordered the husband to pay maintenance of BHD 120 per month for the former wife and their two children, in addition to providing suitable accommodation for the mother and the children. After the two children passed the legally relevant custody age, the husband applied to reduce their maintenance to BHD 60 per month and requested the termination of custody maintenance and housing allowance.
He based his request on a change in his financial circumstances, explaining that he had remarried, had four daughters from the new marriage, and was living in rented accommodation, while his former wife owned an apartment.
The former wife, in turn, requested an increase in the children’s maintenance to BHD 600 and also sought an increase in the housing allowance.
After reviewing the case, considering the parties’ requests, and examining the evidence presented, the competent court ruled as follows:
- The wife’s custody maintenance and housing allowance were terminated because the two children had passed the relevant custody age.
- The claim submitted by the wife was dismissed.
- The wife was ordered to bear the costs of both proceedings.
Frequently Asked Questions About Maintenance Reduction Claims
This section addresses some of the most common questions concerning a Claim to Reduce Wife and Child Maintenance in Bahrain.
Can a Child Maintenance Reduction Claim Be Filed?
Yes, a Child Maintenance Reduction Claim in Bahrain can be filed. However, the claim cannot be heard before one full year has passed from the date of the first maintenance judgment. This is based on Article 48 of the Bahraini Family Law.
How Can Maintenance Be Reduced?
Maintenance can be reduced by filing a maintenance reduction claim before the Family Court in Bahrain and explaining the reasons for the request, such as a deterioration in the financial circumstances of the person responsible for paying maintenance or an improvement in the financial situation of the beneficiaries.
What Are the Conditions for Accepting a Maintenance Reduction Claim?
The conditions for accepting a Maintenance Reduction Claim for Wife and Child in Bahrain include:
1. One full year must have passed since the maintenance was first imposed.
2. The claimant must have legal standing to file the claim, meaning that the claim must be filed exclusively by the husband or his legal representative.
3. The claimant must provide documents and evidence proving financial hardship or the inability to continue paying the current maintenance amount.
A Claim to Reduce Wife and Child Maintenance in Bahrain requires the claimant to show that circumstances have changed in a way that justifies reconsidering the amount previously awarded. The supporting documents, financial information, and legal grounds should therefore be prepared carefully before the claim is filed.
Legal advice can also help determine whether the circumstances support a reduction request and how the claim should be presented before the competent court.
You can also review a ready-to-use form for a maintenance lawyer in Bahrain.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
