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Uncle loses guardianship right for hindering niece's marriage
Published in The Saudi Gazette on 25 - 03 - 2015


Adnan Al-Shabrawi
Okaz/Saudi Gazette
JEDDAH — The Family Affairs Court in Jeddah has rescinded the guardianship of a man over his niece and transferred it to the court judge. The unidentified man was found guilty of Adhl (when men obstruct marriage of women under their guardianship). He had prevented his niece, now aged 29, from getting married under various pretexts.
Female lawyer Bayan Zahran, who represented the woman, said the verdict is final and cannot be contested because the period of objection is over. She said the woman can now marry in court.
Bayan said she filed a lawsuit asking the court to rescind the guardianship from the uncle who gained it after the death of the woman's father. The uncle refused to allow her to marry a man who had asked for her hand. She said the uncle told the court that the proposer was old, did not reside in Jeddah and had married several times before.
The lawyer said old age is not a reason to obstruct a marriage and added that the proposer is a straightforward man, ethical and financially capable. She said the uncle asked the court not to marry his niece to the man and to throw the case out.
"He did not attend any session since then though he was informed of the dates. The court made its decision in absentia," she said.
Bayan asked all women under Adhl to take their cases to the Kingdom's family courts so the courts can marry them. "These women will either have to oblige their guardians to allow them to get married or go to courts to do so," she said.
During the past six months, the court considered a total of 122 Adhl cases. Meanwhile in Madinah, a total of 441 divorce cases were recorded during the past five months against 350 marriages, according to a report by the Justice Ministry published by a local daily.
The report said two marriages take place in Madinah every day against three divorces. It said the Family Affairs Court has documented four cases of khula (woman relinquishing marriage rights in lieu of divorce) since the beginning of the current year. The report noted a 50 percent decrease in divorce cases which previously stood at six every day.
Family courts were established nearly three months ago to consider all family cases including divorce, khula, alimony, child custody, visitation rights and other family issues.


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