If a court judgment requires you to pay maintenance that exceeds your financial ability, you may file a Maintenance Appeal for Husband’s Financial Hardship in Bahrain.
In this article, Bahrain Lawyer provides a simplified sample appeal petition to help explain the legal form and structure commonly used in such cases.
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Maintenance Appeal for Husband’s Financial Hardship in Bahrain
Below is a sample objection petition against a maintenance judgment. It gives a general idea of how a legal request to challenge the judgment may be drafted.
To the President of the Court of Appeal and the Honorable Members of the Court,
Greetings,
Objection petition against Judgment No. ______ issued by the ______ Court on ___/___/_____.
Judgment ruling: __________
(This section should set out the full wording of the judgment being challenged in sufficient detail.)
Grounds of objection:
I respectfully request that the Court reconsider the judgment, as I do not accept it and hereby challenge it on the following grounds:
First: Procedural grounds:
The judgment was issued on ___/___/_____. I received a copy of the judgment on ___/___/_____. Therefore, my objection has been filed within the prescribed time limit and should be accepted procedurally, as it was submitted within the 30-day appeal period.
Second: __________
Third: __________
Fourth: Malicious nature of the claim: __________
Requests:
Based on the grounds stated above, we respectfully request the Court to rule as follows: __________
With sincere thanks and appreciation.
Defendant’s signature: __________
Judicial Precedents Concerning Maintenance Appeals and the Husband’s Financial Circumstances
Lawyer Mohammed Al-Kooheji told the Bahraini newspaper Al Ayam that the Sharia Court of Cassation had ordered a Bahraini man to pay BHD 4,000 annually, together with maintenance, custody fees, and housing expenses for his former wife, instead of the previous amount of BHD 2,000.
The court considered that the earlier amount did not reflect his financial means and was insufficient to cover the needs of the two children. It was also lower than the amount he had been sending to them each month before the case was filed following his refusal to continue supporting them.
Regarding the facts of the case, lawyer Dr. Mohammed Al-Kooheji, acting on behalf of the appellant, stated that his client had divorced the defendant and later filed a claim before the Court of First Instance. She requested the delivery of the children’s identification documents, monthly maintenance, clothing allowances for both Eid occasions, school stationery expenses, housing costs, and custody fees.
She stated that the defendant had stopped providing financial support despite being financially capable. The Court of First Instance awarded BHD 50 per month in maintenance for the two children, BHD 80 for stationery, and BHD 10 as a custody fee, bringing the total annual amount to approximately BHD 2,000.
Al-Kooheji added that his client appealed the judgment before the Court of Appeal and requested an increase in the awarded amount, but the appeal was rejected. She then challenged the judgment before the Court of Cassation on the basis that the defendant was financially well-off, had sources of income in addition to his salary, and owned assets and property.
Evidence was also submitted showing that, before he stopped paying, the defendant had been sending monthly amounts of BHD 250 for his daughters and BHD 300 toward custody-related expenses.
Frequently Asked Questions
Related questions include:
What are the grounds for appealing a maintenance judgment in Bahrain?
Grounds for appealing a maintenance judgment in Bahrain may include:
1. The judgment did not address all of the claimant’s requests.
2. The amount of maintenance awarded does not correspond with the husband’s financial circumstances.
3. The judgment contains a defect resulting from failure to properly consider relevant evidence or documents.
4. The reasoning stated in the judgment does not correspond with its final ruling.
What maintenance rights does a custodian have in Bahrain?
The custodian’s financial rights in Bahrain may include suitable housing or a housing allowance determined by agreement or by the court. They may also include breastfeeding compensation, child maintenance, school expenses, and clothing expenses for summer and winter.
What are the wife’s rights after divorce under the Ja'fari school?
Under the Ja'fari school, a wife’s rights after divorce may include the deferred mahr stated in the marriage contract, in addition to mut’ah maintenance and maintenance during the waiting period. A custodian may also be entitled to housing expenses if suitable custody accommodation has not been provided. If divorce takes place before consummation, the divorced wife is generally entitled to half of the agreed mahr. If no mahr was specified, she may be entitled to mut’ah according to the financial means of the divorcing husband.
This concludes our article on Maintenance Appeal for Husband’s Financial Hardship in Bahrain. We explained the general form of an appeal petition based on the husband’s financial hardship and reviewed an example of a judicial precedent involving an appeal relating to maintenance and financial capacity.
You can also review a sample appeal against a wife’s maintenance judgment in Bahrain, as well as a ready-to-use memorandum for appealing a child maintenance judgment 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
