KUWAIT CITY, June 15: In a ruling considered a major victory for women, the Court of Appeals upheld the ruling declaring a Kuwaiti woman entitled to take the necessary measures to obtain a residential plot ownership document — shared equally between her and her husband, without requiring the latter’s signature. The court also upheld the ruling that she could sign a loan agreement with a full mortgage on the property as security for the debt. The plaintiff’s lawyer, Attorney Ali Al-Ali, presented facts related to the case. He challenged the director general of the Public Authority for Housing Welfare, assistant undersecretary for Real Estate Registration and Documentation at the Ministry of Justice, and the Kuwait Credit Bank director.
He requested a ruling in favor of his client, stating that she has the right to take the necessary measures to obtain a plot ownership document — shared equally between her and her husband, without requiring his signature. Ali Al-Ali pointed out that Housing Care Law grants the wife the right to the document and does not require the husband’s approval to obtain it. He explained that his client was the wife of the first defendant with a valid legal contract, and they had earlier submitted a request for housing care to the justice agent, and the plot was received, and that she and her husband completed all the procedures, conditions and controls necessary to obtain the ownership document.
However, the husband stopped completing those procedures without any legal basis or justification in order to deprive her of her right to the plot, despite her need to secure housing. The court said in its reasoning that it did not see any justification for what the husband did, so his refusal reveals intent to harm the plaintiff, and that he abused his right. Accordingly, the court granted the plaintiff’s request.
By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff