Kuwait Court of Cassation principle number 2551

A request for dissolution of the marriage contract for a defect. Permissible for either spouse. Its condition. That one finds in the other an entrenched defect among the repellent or harmful defects that prevent sexual enjoyment, whether the defect existed before the contract or arose afterwards. - Impotence is among the defects for which the marriage contract is dissolved. Its nature. The wife’s acceptance of the man’s sexual defects. Does not extinguish her right to request dissolution. The reason therefor. - Defects being irremediable. Its effect. Dissolution of the marriage contract by the court. The defect being curable. Its necessary consequence. The judge adjourning the dissolution action for a suitable period for the defect to disappear. The defect not disappearing and the applicant for dissolution persisting in the action. Its consequence. The court ruling for dissolution. - The court of merits may seek the assistance of medical experts to ascertain the extent to which the husband’s impotence is curable and determine the period required for treatment. Adjourning the action for a suitable period to ascertain whether the defect has remained unchanged or has been cured, according to the circumstances and particulars of the action. Within the authority of the court of merits. Its condition. Basing its ruling on sound reasons sufficient to support it and grounded in the case papers. Its ascertainment that the defect is incurable. - 470 - Obligation. Its implication. The challenge based on its failure to adjourn the action is unavailing. Example concerning an action seeking dissolution of the marriage contract for a defect.