The court orders the husband to return his “gift” to his wife, using the testimony of the children against the mother

A woman living in the Kingdom of Saudi Arabia surprised her husband by expelling him from his home, who wrote him in her name asking for her consent, when she left the house for her family's home, following disputes between them.

In the details, a woman expelled her husband from a house he wrote in her name, after she asked for a divorce;

This prompted the husband to file a lawsuit against her, while the wife denied what the husband had said.

She stated that her husband wrote to her the house in her name in exchange for an old promise between them, but the husband brought witnesses to this, namely their two sons, who testified that their father had already written the house to their mother, wishing to continue the marriage between them.

The husband confirmed that he had filed a lawsuit in order to recover his home from which he was expelled after he wrote it to her in an attempt to satisfy her after she left the marital home and stayed for a period in her family's home.

He added that at that time he decided to write the house in her name, due to his desire to continue the married life between them, but he was surprised that his wife filed a divorce suit and expelled him from his house and prevented him from entering it after she owned it and became in her name.

In turn, the wife confirmed that the husband wrote the house to her, in exchange for an old promise between them that the house would be written in her name as a reward for her. Accordingly, the husband brought witnesses, namely the sons, who testified that their father wrote the house to their mother in his desire to continue the marriage.

The court ruled on the basis of the testimony of the two sons, and on the oath by the plaintiff on the validity of his claim, and with the existence of a case of annulment of the marriage and the great discord between the two parties, and based on what is established by the jurists that whoever gave him something for a reason that is proven to be proven and disappears with its demise, the ruling has been to return the house to its owner (claimant).

Since the absolute gift that is not attached to a condition is obligated to arrest, and it cannot be recovered, but if the gift is suspended on a condition, or what is called by jurists the gift of reward, it is a compensation, and the donor has the right to recover it if the other party does not meet the condition.

This gift is either attached to a verbal condition, such as he says to his wife and I gave you this house in exchange for the ten remaining among us, or on a customary condition, as if people know that this gift or gift is intended as compensation, such as gifts that occur on occasions and the like, and people get to know that it is returned He has the same or more on another occasion, in both cases the donor has the right to take back the gift.

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