Kuwait Court of Cassation principle number 177

The plea that a matrimonial-status action may not be heard in the event of denial. Its cases: where the marriage is not established by an official document, or where the denial was not preceded by an acknowledgment of the marriage in official documents. Article 92 of Law 51/1984 concerning Personal Status. Its true nature: a substantive plea of inadmissibility of the action. Consequence: it may be raised at any stage of the action. The purpose of establishing the plea: to manifest the honor of the marriage contract and prevent forgery and stratagems seeking to attain unlawful purposes. This plea concerns public policy. Example. - The judgment’s disregard of the tendering of the decisive oath. Correct. So long as it confined itself to ruling that the action could not be heard and did not address its merits.