Justice renewed: Father must step up beyond government aid for disabled daughter

Daily Tribune

31-05-2025

The High Sharia Court has ruled that a father must provide for the daily needs of his disabled adult daughter, overturning an earlier verdict that left her care dependent solely on a government disability stipend.
The court ordered the father to pay BD100 per month for his daughter's maintenance, along with BD60 twice a year for clothing expenses. Additionally, the court mandated that the daughter's specialised care costs—including medical equipment and the hiring of a housemaid—be covered using her government disability allowance where possible, or otherwise from the father's personal income.
The case arose after the mother appealed a previous ruling which had required the daughter's BD120 monthly maintenance to be drawn entirely from the BD200 disability allowance provided by the state. The mother argued that this allowance was intended to cover the daughter's medical needs and essential equipment, and could not replace the father's legal obligation to provide for basic living expenses such as food and clothing.
The court heard that the 34-year-old daughter suffers from severe physical and intellectual disabilities, requiring continuous care that includes a wheelchair, medical bed, specially equipped living space, and a full-time carer. The mother also testified that the father had been using part of the disability allowance to settle overdue utility bills and had failed to financially support both of their daughters.
While the court accepted that the disability allowance may be applied toward expenses directly related to the daughter's condition, it found that the father cannot rely on this support alone. If the allowance falls short of covering essentials, the difference must be paid from the father's own funds. The judges emphasized that under Sharia law and Bahrain's Family Law, a father who is financially able is obligated to meet his children's daily needs.
The mother had also requested additional relief, including a separate home, BD1,500 to hire a housemaid, a monthly salary for the maid, and the right for the couple's other daughter to choose which parent she would live with. These requests were dismissed on procedural grounds, as they had not been raised during the original trial and thus could not be introduced at the appeal stage.
The court upheld the mother's spousal maintenance at BD90 per month, deeming it reasonable based on her needs and the father's financial situation.
The ruling requires the father to pay BD100 monthly for the daughter's basic upkeep. This amount may come from the disability allowance only if it fully covers these costs; otherwise, the father must cover the shortfall personally. He is also responsible for ensuring the allowance is allocated toward the daughter's specialised care, including medical needs and housemaid expenses.
The hearing was conducted in public, with both parents represented by legal counsel.