The High Sharia Court has delivered a significant ruling in favour of a Bahraini mother, sentencing her husband to one year in prison for defying court orders to hand over their two daughters despite granting her custody rights.
The legal battle unfolded after the man refused to comply with a court order mandating the transfer of custody to his wife. He asserted that the children stayed with his mother in their home country with his wife’s consent. However, the court deemed his argument unfounded, leading to the landmark decision.
The couple, who had wed and welcomed their children in Bahrain, had travelled to the husband’s native country for a vacation. While the wife returned to Bahrain first due to work obligations, she anticipated her husband and daughters’ arrival shortly after. Yet, on the scheduled return date, the husband returned solo, leaving the children in the care of his family.
Overwhelmed by the loss of contact with her daughters, the wife took a courageous step and initiated legal proceedings in the Sharia Court, fighting for custody. The court ruled in her favour, instructing the husband to relinquish custody to her—a decision subsequently upheld by the Court of Appeals.
Despite the legal directives, the husband denied his wife access to their daughters. Undeterred, the wife, represented by legal counsel, pursued further action against her husband for his non-compliance.
The claimant’s lawyer refuted the husband’s claims of an agreement to leave the children with his mother, citing repeated court rulings granting custody to the wife. The lawyer underscored the undue hardship inflicted on the mother and her deprivation of the right to be
Convinced by the evidence and arguments, the court found the husband guilty of violating the custody order. Consequently, he was sentenced to one year, with a fine and bail set at BD500 for suspending the sentence.
