Kuwait Court of Cassation principle number 448

The court hearing the divorce action. Its right to decree separation whenever the occurrence of this harm is conclusively established before it. Reason for this. Avoiding prolongation of litigation. Implication. Appointment of arbitrators in the action occurs only where harm is not established by Sharia methods of proof. - The court of merits relying on evidence derived from witness statements it found trustworthy. Consequence. No need to dispatch two arbitrators to ascertain the causes of discord between the parties. - The law's requirement that the court reconcile the spouses before decreeing separation, without prescribing a particular method for this. Consequence. The first-instance court's offer of reconciliation and its rejection by one party constitute evidence establishing the court's inability to reconcile them. No need to offer it again before the Court of Appeal. - Assessment or negation of harm warranting separation. A question of fact within the authority of the court of merits. Example.