Kuwait Court of Cassation principle number 1046

The person obliged to maintain the child in custody. His obligation to pay the allowance for his custodial accommodation. The female custodian's lack of entitlement to a custodial accommodation allowance. Its condition. Her ownership of accommodation in which she actually resides or which is designated for her residence. The ownership intended. Ownership of both the property and its usufruct, or ownership of the usufruct alone. The implication of this: if accommodation for custody is available to the child in custody, in kind or in cash, the female custodian is not entitled to an accommodation allowance. - The appellant's contention before the trial court that the respondent is not entitled to a custodial accommodation allowance because she receives a housing allowance from her employer, and his submission of documents evidencing this. The challenged judgment awarding her a custodial accommodation allowance despite the impermissibility of combining the accommodation allowance she receives from her employer with another accommodation allowance imposed on the appellant. A violation of the law. B – Assessment of maintenance: