Kuwait Court of Cassation principle number 202

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 effected in absentia and to notify the wife before and after the divorce is effected, to ensure her knowledge thereof. - The competent notary’s documentation of divorce. Its condition. Effecting the divorce in the wife’s presence or ascertaining that she has been notified of the date on which the divorce is to be effected. Its implication. The Family Counselling Section is legally entrusted with the duty of notifying the wife that her divorce has been effected. 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 absence of his liability for compensation. Compensation for abuse of the exercise of a right: