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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Regarding family matters

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Regarding family matters
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Hamad town
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Legality

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

Family law

الرد من العميل

I have family matters

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

Yes I want to divorce my husband

الرد من العميل

He’s having another woman and that woman is pregnant

الرد من العميل

I need legal advice

الرد من العميل

As costody of my children

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Bahraini Family Law No. (19) of 2017. Regulating the provisions of marriage and divorce in Bahrain, the law stipulates :
Article (81)
The band is located between the couple:
A) by the will of the husband, called divorce.
B) At the request of the wife and the consent of the husband with the payment of compensation, and is called disobedience.
(C) by virtue of the judiciary, which is called an application or a dissolution or separation as the case may be.
Article (95)
Khula 'request of the wife to terminate the marriage contract with the husband.
1) According to the Sunni jurisprudence:
(A) The couple may decide to terminate the marriage contract by taking off.
(B) Notwithstanding the provisions of clause (a) of paragraph (1) of this article, if the refusal of the husband is intransigent and fearful of not meeting the limits of God, the judge shall decide on the breach in exchange for a suitable allowance not exceeding the dowry.
C) The khula 'should be given by the wife to be within the limits of what the husband has given him.
D) The khul 'is regarded as an expiation, and the judge signs it with the word khul', not with the word divorce.
2) According to jurisprudence Jaafari:
(A) The wife may request the termination of the marriage contract by taking off her husband's consent and giving her consent.
B) It is required in khula 'to make sure that the wife is particularly jealous.
C) All that is true is true and valid, and it must be determined and appointed, and if the hatred of the couple together it is not right to ask the husband excessive over the dowry.
D) Khula 'is regarded as an ablution, and it is pronounced as khul' or 'divorce'.
(E) If the woman returned to perform during the 'iddah, the divorce becomes repulsive.
Article (96)
It is necessary for the husband to be entitled to what he is allowed to take off his wife as a choice without coercion or damage, and if the allowance is mentioned in the breach, it is necessary to name it only.
1) According to the Sunni jurisprudence:
A) The khul 'allowance should not be a waiver of the custody of the children or of any of their rights.
(B) In the event of invalidation of the condition imposed on him, the judge shall, in due course, consider taking into account the provision of paragraph (c) of paragraph (1) of Article (95) of this law.
(C) If the allowance is not defined as a misdemeanor, the judge shall determine a place in accordance with paragraph (b) of paragraph (1) of this article.
2) According to the jurisprudence of al-Jaafari,
It is not permissible for khula 'to give up custody of the children to harm them, nor for any of their rights.We would like to inform you that according to the Bahraini Family Law no 19 of 2017, if forced the father to pay alimony that proper for the child as below articles states:
Article (46)
Alimony is a right of the person who is expended on it, including food, clothing, housing, and the subsequent treatment, service, and other necessities of custom.
Article (47)
A) Expense is estimated in view of the capacity of the spender and the time spent on them, taking into account time, place and customs.
B) Subject to the provisions of the preceding paragraph, the maintenance may be increased or decreased by the change of the spender or the spendee.
Article (48)
A) The claim to increase or decrease the maintenance shall not be heard before one year from the imposition of the maintenance by a final judgment, except in exceptional circumstances.
(B) An increase or decrease in maintenance shall be calculated from the date of proving the right after the judicial claim.
Article (62)
A) The expense of the young boy who has no money owed him to his father until the girl marries until the son reaches the extent to which he earns his likes.
B) The expense of the eldest child who is unable to earn a disability or otherwise is owed to his father if he does not have money to spend from.
(C) The maintenance of the daughter is due to her abusive father or to any other person to whom she owes her money if she divorces or dies, unless she has money to spend on.
D) If the child's money does not meet his expenses, his father commits what he completes.
E) The child must be paid for his wealthy mother if the father or grandfather loses a father or is unable to spend on him.
Article (63)
Subject to the provisions of article (47) of this law, it shall be taken into account in estimating the expenses of the children after the divorce or the division of basic needs and the adequacy and capacity of the spender.
Therefore, you have to go to the court to file an alimony case to get the alimony, if he refused then a part of his salary will be taken by the court to get alimony to the child.

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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