Kuwait Court of Cassation principle number 134

Understanding the facts of the case, assessing evidence, including witness testimony, and preferring what is considered reliable. A matter for the trial court. Condition thereof. Example of sound reasoning for rejecting a father's request to transfer custody of the minor to him, based on the court's confidence in the testimony of the custodian's 2 witnesses that he had known of her marriage to a non-mahram for more than a year before bringing his action. - The court's disregarding the request to obtain the ward's treatment file and refer the latter for medical examination. No - 344 - Personal Status defect. As long as it did not rely in its ruling on his state of health. - The court's failure to grant the request to refer the case back for evidentiary investigation. No defect. So long as it enabled the appellant to disprove the facts that the custodian was required to prove, he failed to produce his witnesses, and the papers as they stood were sufficient for the court to form its conviction.