Latest news with #HawraAl-Habib
Arab Times
24-05-2025
- Politics
- Arab Times
Kuwaiti Woman Has Legal Right to Property Title
KUWAIT CITY, May 24: The Cassation Court has overturned previous rulings by both the Court of First Instance and the Court of Appeal, affirming that a Kuwaiti woman has the legal right to take all necessary steps to obtain a title deed for a disputed property, on equal terms with her ex-husband. In its ruling, the Court confirmed that documentation showed the property in question had been jointly allocated to both the appellant (the woman) and the first respondent (her former husband) in 2003. An official letter sent to the relevant authority at the time clearly stated that the title deed should be issued in the names of both spouses. Representing the appellant, Attorney Hawra Al-Habib argued that the respondent's refusal to proceed with the title issuance amounted to an abuse of legal rights. She maintained that the earlier rulings were flawed and requested that they be set aside. Al-Habib emphasized that marital status at the time of allocation is the key factor in determining co-ownership rights (regardless of any subsequent changes in the relationship), provided all legal conditions are met. She asserted that deviating from this principle undermines the legal framework for establishing ownership rights. The Court ultimately agreed, restoring the woman's equal entitlement to the property.
Arab Times
24-04-2025
- Politics
- Arab Times
Man Freed After 10-Year Wrongful Conviction in Kuwait Theft Case
KUWAIT CITY, April 23: In what legal experts are calling an unusual court case, a defendant appeared before the Court of Cassation to begin serving a 10-year prison sentence, only for his lawyers to reveal that he was not the intended subject of the conviction. Attorneys Hawra Al-Habib and Abdul Hamid Mirza, representing the accused in a theft case, presented a compelling argument before the court, asserting that their client had been mistakenly identified and wrongfully convicted due to a procedural error. The defendant, who repeatedly maintained his innocence, was convicted in absentia by the Court of First Instance and the Court of Appeals without ever being present or properly notified. According to his legal team, the man was neither seeking to appeal his sentence nor explain his actions, because he did not commit any crime. Instead, the defense requested that the court acknowledge that their client had no connection to the case at all, and that the real suspect was already incarcerated. In a dramatic courtroom moment, the court ordered the defendant to be temporarily detained while it verified the claims. Upon investigation, it was discovered that a clerical error resulted in the wrong civil identification number being associated with the case. The prosecution confirmed the mix-up, and the court promptly ordered the defendant's release, restoring his freedom after confirming his innocence. This case mirrors another incident previously reported in which a man wrongfully served a full 10-year sentence before discovering the mistake. This highlights the critical importance of due process and accurate identification in legal proceedings. Meanwhile, the Criminal Court, presided over by Judge Dr. Khaled Al-Omara, sentenced three Gulf nationals - a father and his two sons - to seven years ' imprisonment and imposed a fine of KD 2.5 million, equivalent to the salaries and benefits they received from the government after obtaining Kuwaiti citizenship through forgery. The case centers on a Gulf citizen who conspired with a Kuwaiti citizen in 1989 to add his children to the Kuwaiti's citizenship file under false names. The defendants submitted false information and documents to the General Department of Nationality and Passport Affairs to obtain Kuwaiti passports and civil ID cards. The investigating officer revealed that the Kuwaiti citizen implicated in the case had passed away. Investigations uncovered 12 cases of citizenship forgery registered against him. The court has ordered the Gulf nationals to repay the salaries and benefits they unlawfully received. Additionally, the Criminal Court ordered the release of a lawyer on bail of KD1 million and a businessman on bail of KD3,000 – both were banned from traveling, while an employee of the Public Authority for Industry remained in custody. The Public Prosecution ordered the detention of the defendants on charges of bribery, forgery of official documents, profiting from industrial plots worth KD120 million, and money laundering worth KD 26 million.
Arab Times
12-03-2025
- Arab Times
Father Granted Overnight Visitation with Custodial Mother Under Jafari Law
KUWAIT CITY, Mar 12: In a groundbreaking judicial precedent, the Family Court (Jafari law) has issued its first ruling of its kind in a child visitation case, granting a father the right to visit his daughter and spend the night with her custodial mother. This decision marks an exception to the Jafari law, which typically prohibits a child in custody from spending the night with the custodian. Attorney Hawra Al-Habib, who defended the father, argued that the relevant legal provision applies only to children in custody and not to those who have reached the age of discretion (maturity). She further emphasized that even if children have passed this age, it does not negate the rights of parents who were not granted custody to spend time with them. The court, in its reasoning, affirmed the father's right to visit his daughter during court-determined times, stating that this decision promotes empathy, family harmony, and the preservation of kinship ties, all of which align with the daughter's best interests and legal principles. The court found the father's complaint to be well-founded in both fact and law and ruled accordingly. Additionally, the court ordered the complainant to cover all associated expenses, including attorney fees, as per Article 1/119 of the Code of Civil Procedure. This ruling sets a significant precedent in balancing parental rights and child welfare under Jaafari law.
