Although a husband is required to pay maintenance to his wife and children after divorce, some fail to meet this obligation. In such cases, the appropriate legal step is to file a Non-Payment of Maintenance Complaint in Bahrain.
In this article, the team at Bahrain Lawyers explains how to file the complaint and provides a sample non-payment of maintenance complaint that can be used as a general reference.
Do you have a court judgment awarding maintenance but continue to face delays in payment that place you under financial and emotional pressure? Do not leave your children’s rights unenforced.
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How to File a Non-Payment of Maintenance Complaint in Bahrain
Article (46) of the Bahraini Personal Status Law states that maintenance is one of the rights of the wife and children. It includes food, housing, medical treatment, and education. This right may continue after divorce where the legal conditions for maintenance remain satisfied.
If the husband fails to pay maintenance, the wife may file a Non-Payment of Maintenance Complaint. The complaint process generally proceeds as follows:
- Prepare the required documents and supporting evidence showing entitlement to maintenance, such as:
- A copy of the court judgment awarding maintenance.
- Copies of messages or correspondence requesting payment from the husband.
- Any other evidence showing that the maintenance has not been paid.
- Obtain the non-payment of maintenance complaint form from the Enforcement Department at the Personal Status Court in Bahrain.
- Complete the complaint form with the required information, including:
- The details of the claimant and the respondent.
- Details of the court judgment ordering maintenance.
- The amount due for payment.
- Submit the complaint to the Enforcement Department at the Personal Status Court in Bahrain and attach all supporting documents.
- Follow up on the legal procedures. Once the court verifies the documents submitted with the complaint and confirms the failure to pay maintenance, it may take the legally appropriate enforcement action.
Sample Non-Payment of Maintenance Complaint in Bahrain
In this section, Bahrain Lawyers provides a sample non-payment of maintenance complaint that may be used as a general reference when preparing the complaint after inserting the relevant personal and case details.
To: Enforcement Department at the Personal Status Court
Subject: Non-Payment of Maintenance Complaint
Your Honour,
I, the claimant, Ms. ……………., residing at ……………., holder of ID No. …………….
The respondent, Mr. ……………., residing at ……………., holder of ID No. …………….
Pursuant to the judgment issued by your Honourable Court under Case/Judgment No. ……………. dated ……………., the respondent, Mr. ……………., is required under the judgment to pay monthly maintenance in the amount of ……………. for me and my children.
As the respondent has failed to pay the maintenance since the date of the last payment made, I hereby submit this complaint before your Honourable Court.
I attach the following documents in support of my complaint:
- A copy of the court judgment concerning maintenance.
- Copies of payment requests sent to the husband.
- Evidence showing non-payment.
I respectfully request that the necessary legal measures be taken to protect my rights and the rights of my children and to compel the respondent to pay the outstanding amounts due.
Please accept my highest respect and consideration.
Name of the claimant or authorised lawyer: …………….
Signature: …………….
After submitting the complaint, the applicant should follow up on the status of the request, confirm that it has been accepted, and continue monitoring the related legal procedures.
Court hearing records and judicial procedures relating to a Non-Payment of Maintenance Complaint in Bahrain may also be checked electronically through Bahrain’s case inquiry services available via the government National Portal, or by contacting the Bahrain Enforcement Court at 32188288.
Frequently Asked Questions
Several common questions arise in relation to complaints concerning unpaid maintenance. This section addresses the most frequently asked questions and their answers.
How Much Is Child Maintenance in Bahrain?
Child maintenance in Bahrain is determined by the judge based on several factors, including:
1. The father’s financial circumstances.
2. The children’s ages.
3. The children’s needs and expenses.
4. The general economic situation.
Can a Husband Stop Paying Maintenance to His Wife and Children After Divorce?
No, a husband cannot simply stop paying maintenance to his wife and children after divorce when maintenance is legally due. It is a financial right that he is required to pay. However, the legal position may differ if the husband proves that he is financially unable to meet the maintenance obligation.
Maintenance is a legal right that may be enforced when payment becomes due under a valid judgment or legal obligation. Where the person required to pay fails to comply, filing a Non-Payment of Maintenance Complaint may be one of the available legal steps for seeking enforcement and recovering outstanding amounts.
For more information, you may also read:
Maintenance Lawyer in Bahrain.
Appealing a Wife’s Maintenance Judgment in Bahrain.
Reasons for Loss of Maintenance 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
