Kuwait Court of Cassation principle number 455

Marital recalcitrance in the Ja'fari school may be on the part of the wife or the husband. The husband's recalcitrance. It occurs by denying the wife her rights obligatory upon him, such as failure to provide maintenance, failure to spend her allotted night with her, deserting her or injuring her. - Total desertion of the wife or injuring her without Sharia justification permits her to refer the matter to the Sharia judge, who obligates the husband to do one of two things: desist from desertion, refrain from injury and live with her honorably, or release her kindly. If he refuses both, the Sharia judge divorces her. Example of a decree of divorce for refusing to desert the wife and cease injuring her or release her kindly.