Kuwait Court of Cassation principle number 3323

Fault giving rise to liability. How it is established. - The Family Counselling Section affiliated with the Sharia Documentation Department. Its task is to examine cases of divorce intended to be pronounced in absentia and to notify the wife before and after pronouncement of the divorce to ensure her knowledge of it. - Documentation of the divorce by the competent documentation officer. Its condition. Pronouncement of the divorce in the wife’s presence or verification that she has been notified of the date fixed for pronouncement of the divorce. Its implication. The Family Counselling Section is legally entrusted with the duty to notify the wife of the pronouncement of her divorce. There is no basis for saying that the husband is charged with notifying his wife of his divorce of her. Its effect. No fault on his part for failing to notify his wife, and no liability on his part for compensation. - 616 - Obligation