Bahrain’s Court of Cassation has upheld a ruling dissolving the marriage of two foreign nationals residing in the kingdom, reaffirming the jurisdiction of Bahraini courts over personal status disputes involving foreign residents.
The case involved a couple whose relationship had effectively broken down after more than five years of separation.
The dispute extended beyond the divorce itself to issues including child custody, maintenance, housing and the division of assets.
In its judgement, the court confirmed that Bahraini courts are competent to hear personal status cases involving foreigners residing in the kingdom, while applying the law of the husband’s nationality to substantive matters relating to marriage and divorce.
The court found that the prolonged separation and irreconcilable differences between the spouses had made the continuation of married life impossible, providing sufficient legal grounds for ending the marriage.
On the issue of custody, the court stressed that the best interests of the child remain the overriding consideration in family disputes.
After reviewing the evidence and hearing witness testimony, it concluded that the mother was best placed to care for and raise the couple’s two children.
The ruling therefore granted custody to the mother and ordered the father to pay monthly child support.
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