Kuwait Court of Cassation principle number 544

An obedience action and a disobedience action. Their difference from an action for judicial divorce on grounds of harm. The reason therefor. The former is based on abandonment and the wife's breach of the duty of shared residence in her husband's home, and the latter on the wife's allegation that the husband has harmed her to an extent making continued marital life between them impossible. Its implication. A judgment rendered in them does not indicate the absence of grounds for separation. - Separation on grounds of harm: its cases. Either spouse suffering harm from remaining married, whether attributable to a material cause indicating verbal or physical harm by the other spouse, where such harm is established, or attributable to other causes of discord, such as aversion or intense hatred, even if harm by the husband is not established. The reason therefor. The impossibility of continued marital life between the spouses. - Harm warranting separation between spouses. Its assessment. Is within the sole discretion of the judge of merits, by virtue of the judge's authority to ascertain the facts of the action and assess the evidence.