Kuwait Court of Cassation principle number 460

An action for divorce on grounds of harm. The court may order separation of the spouses whenever the occurrence of harm is conclusively established before it, without referring the dispute to 2 arbitrators. The reason: avoiding futile prolongation of the action despite the clarity of the right therein. Failure to establish harm or the court’s inability to ascertain it. Its effect. Appointment of 2 arbitrators to express an opinion on the discord. Its implication. Arbitrators are appointed only where harm has not been established by the methods of proof recognised by Sharia. Article 127, Law 51/1984 concerning Personal Status, as amended by Law 29/2004. - Understanding the facts, assessing and weighing the evidence, and inferring the existence of harm warranting separation because continued marital life between the spouses is impossible. Within the trial court’s authority. The condition thereof. An example.