Kuwait Court of Cassation principle number 639

The institution of consolatory maintenance. Its basis. The desolation caused by the husband to the woman from whom he has separated and consoling her. Cases in which consolatory maintenance is not obligatory. Their nature. Assessment of the wife's consent or lack of consent to divorce. A question of fact within the exclusive authority of the court of merits. Condition for this. - Proof that the divorce occurred with the wife's consent. The burden of proving it falls upon the husband. - Accepting or rejecting witness statements. The criterion for this. The court's belief in and conscientious assurance as to their statements. Its condition. Example.