Appeals orders ex to return real estate property to woman Verdict acquitting Kuwaiti for insulting woman upheld
KUWAIT CITY, June 30: The Court of Appeals has revoked the ruling of a lower court, which had previously ordered return of a real estate property to the ex-husband of a Kuwaiti woman.
Case files indicate the woman had six children with the defendant who gave her the property seven years ago but he later asked her to return it. When she refused, he started treating her harshly and even threatened to harm her, so she had no choice but to return the property. She then filed a lawsuit demanding for the property to be returned to her, claiming she relinquished it under duress.
However, lawyer for the defendant, Attorney Mohammad Al-Khuraibet, presented documents to the court to disprove the woman’s claims. After analyzing the arguments and pieces of evidence presented by both parties, the lower court dismissed the case due to lack of legal merit.
The woman and her lawyer appealed the case and this time the higher court ruled in her favor, ordering the ex-husband to return the property to her.
In another case, the Court of Appeals presided over by Judge Hisham Abdullah upheld the verdict issued by the Misdemeanor Court which had acquitted a Kuwaiti citizen who was accused of insulting a woman publicly in a demeaning manner.
According to the case files, the plaintiff filed a case against the defendant stating that on May 5, 2010, the latter insulted her at the parking area of a famous mall.
However, when the plaintiff’s sister, who was a witness, was interrogated, she claimed that she witnessed her sister having a conversation with the defendant at the mall but she did not hear the defendant insult her sister.
Investigations revealed that the litigants were previously involved in a relationship and the insult charges could not be verified.
Defense lawyer Saud Al-Salim requested the court to acquit his client due to the lack of evidences. He stressed that his client was innocent and the plaintiff fabricated charges against his client.
In yet another case, the Misdemeanor Court of Appeals chaired by Justice Hisham Abdullah acquitted a man of misconduct and abuse of telephone.
Earlier, the Public Prosecution charged the defendant for using telephone to induce immorality on August
16, 2009 and a case was registered at the Sulaibikhat police station the same day.
Also, the lower court fined the defendant KD 200 on July 27, 2011 for inducing immorality and additional KD 50 for exploiting telephone lines.
Defense counsel Ali Al-Asfour demanded acquittal of his client based upon Article 84 of the Penal Code, and expressed dissatisfaction with the previous verdict.