Kuwait Court of Cassation principle number 926

The female custodian's marriage to a person who is not a mahram of the child in custody, and his consummation of the marriage with her. Its effect. Forfeiture of her right to custody. - 498 - Personal Status The person entitled to custody must claim it within one year of learning of the husband's consummation of the marriage with her, unless an excuse prevents him from doing so. - The challenged judgment's basing its ruling denying the female appellant custody of her two children by the respondent on the ground that she married an unrelated man and he consummated the marriage with her, notwithstanding the female appellant's assertion that the respondent knew of her marriage to another more than three years before the action was brought, and her request that the action be referred for evidentiary investigation to establish this. A material defence. The Court of Appeal's failure to respond to this defence. An infringement of the right of defence.