Kuwait Court of Cassation principle number 891

Forfeiture of custody owing to an impediment. Its implication. Upon the removal of that impediment, custody is restored to the female custodian. The reason for this. Regard for the interests of the child in custody. The right of the child in custody is stronger than the custodian's right. The mother's relinquishment of custody does not prevent her from requesting it again. The reason for this. Article 193 of Law 51/1984. - The spouses' conclusion of a khulʿ divorce on condition that the child remain with his father during the custody period. Its implication: the validity of the khulʿ divorce and the invalidity of the condition. The reason for this. The child's remaining with the mother is a right of the minor. Its implication: it is stronger than the mother's right. Article 118 of Law 51/1984. Example.