Kuwait Court of Cassation principle number 577

Conclusive establishment of the occurrence of harm. Sufficient for the court to decree divorce. Referral of the dispute to 2 arbitrators. Its condition: failure to establish harm or inability to demonstrate it, with the wife insisting on divorce. Article 127 of Law 51 of 1984 concerning Personal Status, as amended. - Understanding the facts of the case, assessing evidence and documents, preferring what is considered reliable among them and discarding the rest, and assessing the harm warranting divorce. Matters for the court of fact. Its condition. - A request for referral for evidentiary investigation is not a right of the litigants. The court may disregard it whenever it finds in the papers sufficient material to form its conviction and dispense with it. An example of adequate reasoning for a judgment decreeing divorce without sending 2 arbitrators or referring the case for evidentiary investigation. - The ground of challenge that the appellant exercised his Sharia right of discipline. A defence intermingled with fact that may not be raised for the first time before the Court of Cassation.