BCC 208/2010
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Financial Support of Children, Children, Medical Procedure & Treatment, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
1 Nov 2010
Catchwords
Wife’s Claims against Former Husband – Child’s Expenses – Sharia Court Jurisdiction – Cost of Medical Treatment – Case filed in Person
The original dispute involved a request by a wife that her former husband, pay for their child's medical treatment. The key issue was whether this case should be heard in the civil or sharia courts. The woman had not filed the claim as the person looking after the child and the costs claimed were not the child's general expenses.
Background
A woman filed a case against her previous husband before the civil court claiming he had divorced her on 31/10/2007 and refused to pay the cost of treatment for their son who had medical problems.
The woman asked the court to force her former husband to pay these costs in addition to interest. The man refused to pay arguing that such cases should be considered by the Sharia courts not the civil courts.
The court ruled that the former husband should pay the treatment costs.
The former husband appealed before the court of appeal (Appeal No: 2570/2009). The court of appeal cancelled the ruling and referred the case to Sharia court.