Kuwait Court of Cassation principle number 370

The matrimonial home is a home suitable for the husband's peers. Article 84, Law 51/1984 concerning Personal Status. A home suitable for peers. Its nature: custom, developments over time, the husband's circumstances, differences in location between village and city, and the husband's social standing are taken into account. The wife may refuse to move to the matrimonial home if the husband has not prepared a Sharia-compliant home for her or cannot be trusted with her. Article 87 of the aforementioned Law. Assessment of the home of obedience, its suitability to the husband's circumstances and social standing, and the husband's trustworthiness. A matter for the trial court. Condition thereof. - Reasons for the judgment. They must derive from the case papers, be soundly inferred therefrom, and lead to the conclusion reached. The judgment's statement that the plaintiff cannot be trusted with the defendant owing to his contempt for her, his verbal insults to her and his disparagement of her family, without identifying its source or the respondent's evidence thereof, and its statement that the home of obedience is not Sharia-compliant because the appellant allowed his brother to enter it without permission whenever he wished, based on its confidence in the statements of the respondent's 2 witnesses, although the meaning of the testimony does not lead to that conclusion. Defective reasoning. Requires its cassation.