Kuwait Court of Cassation principle number 471

Divorce is a right of the husband, seeking to protect the woman and sanctify the marital bond. The husband's right to refer the matter to the Sharia judge in the Ja'fari school. Its condition. The wife's disobedience. He may not request judicial divorce on account of her mistreatment of him in marital life. The reason therefor. - The challenged judgment dismissing the appellant's action for divorce from the respondent on the basis that the rules of Ja'fari jurisprudence do not permit the husband to resort to the judge to request divorce from his wife, even if she mistreats him in marital life. Correct. Faulting it concerning proof of harm through the report of the appellant's arbitrator and the statements of his two witnesses. Ineffective and inadmissible. - 410 - Personal Status B: Types of divorce: Revocable divorce: