Kuwait Court of Cassation principle number 424

Separation on grounds of harm, where caused by the wife, is that which is established only by a judge's judgment. - A request for separation on grounds of harm. Not restricted to the wife. The husband may request it even though he possesses the power of divorce. The reason therefor: so that a quarrelsome wife does not use her mistreatment as a means of obtaining divorce without consideration, thereby causing the husband a loss. Opening the court's doors to him relieves him of those consequences and compensates him for a divorce to which her mistreatment compels him. Its implication: the husband's pronouncement of divorce by his unilateral will without the wife's consent entitles her to a consolatory payment, even if the divorce was caused by her.