Kuwait Court of Cassation principle number 241

The housing obligation. The rule is that it is to be performed in kind. Providing it in kind. Its effect. No monetary allowance is awarded in its stead. The reason for that. The two may not be combined simultaneously. The matrimonial dwelling and the custody dwelling may not both be provided together. - A material defense advanced by a litigant which, if sound, would change the outcome of the action, and which the litigant supports with documents. The court must examine it and answer it with sufficient reasons; otherwise its judgment is deficient. Example concerning the judgment's disregard of a defense relating to the prohibition on combining performance of the housing obligation in kind with awarding a monetary allowance in its stead as part of maintenance.