Kuwait Court of Cassation principle number 820

The injured spouse's right to prevent the institution of criminal proceedings against the adulterous spouse, and the waiver that entails halting trial procedures after proceedings have been instituted and staying execution of the final judgment. Occurrence of any of these. Prevents prosecution of the offending spouse for the offence of consensual intercourse - 293 - Criminal Procedures and Trials provided for in Article 194 of the Penal Code. Basis thereof. - The appellant's commission of a single act resulting in two offences: first, intercourse with a woman who had attained twenty-one with her consent; and second, his consensual sexual intercourse with someone other than his wife. His wife's waiver in respect of the adultery he committed. Its consequence: the effect of the waiver extends to the offence of consensual intercourse. The challenged judgment's departure from this. Error of law requiring its cassation, reversal of the appealed judgment and a halt to the proceedings.