Kuwait Court of Cassation principle number 565

The right of the injured spouse to prevent the institution of criminal proceedings against the other, adulterous spouse, and the waiver that entails staying trial proceedings after the action has been brought and staying execution of the final judgment. The occurrence of any of these prevents the offending spouse from being tried for the offence of consensual sexual intercourse provided for in Article 194 of the Penal Code. The basis for this. - The appellant's commission of a single act resulting in two offences: the first, sexual intercourse with a woman who has reached twenty-one with her consent, and the second, his consensual sexual intercourse with someone other than his wife. His wife's waiver in respect of the act of adultery he committed. Its implication: the effect of the waiver extends to the offence of consensual sexual intercourse. The challenged judgment's departure from this. An error of law requiring its cassation, the setting aside of the appealed judgment, and a stay of proceedings.